senate Bill S8770

2019-2020 Legislative Session

Relates to including electronic messaging texts as a form of telemarketing communication

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 15, 2020 referred to rules

S8770 (ACTIVE) - Details

See Assembly Version of this Bill:
A10043
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

S8770 (ACTIVE) - Summary

Includes electronic messaging texts as a form of telemarketing communication for purposes of the no-call registry.

S8770 (ACTIVE) - Sponsor Memo

S8770 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8770

                            I N  S E N A T E

                              July 15, 2020
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general business law, in relation to including elec-
  tronic messaging texts as a form of telemarketing communication

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraphs h, i, j, k, l and m of subdivision 1 of section
399-z of the general business law, as amended by chapter 369 of the laws
of 2012 and paragraph k as amended and paragraphs l and m of subdivision
1 as added by chapter 484 of the laws of 2016, are  amended  and  a  new
paragraph n is added to read as follows:
  h.  "Telemarketer"  means  any  person  who,  for  financial profit or
commercial purposes in connection with telemarketing, makes  telemarket-
ing  sales  calls  OR  ELECTRONIC MESSAGING TEXTS to a customer when the
customer is in this state or any person who directly controls or  super-
vises  the  conduct of a telemarketer. For the purposes of this section,
"commercial purposes" shall mean the sale or offer for sale of goods  or
services;
  i.  "Telemarketing"  means  any  plan,  program  or  campaign  that is
conducted to induce payment or the exchange of any  other  consideration
for  any goods or services that involves more than one telephone call OR
ELECTRONIC MESSAGING TEXT by a telemarketer in  which  the  customer  is
located within the state at the time of the call. Telemarketing does not
include  the solicitation of sales through media other than by telephone
calls OR ELECTRONIC MESSAGING TEXTS and does not include calls OR  ELEC-
TRONIC  MESSAGING  TEXTS intended to implement or complete a transaction
to which the customer has previously consented;
  j. "Telemarketing sales call" means a  telephone  call  OR  ELECTRONIC
MESSAGING  TEXT  made DIRECTLY OR INDIRECTLY by a telemarketer or by any
outbound  telephone  calling  technology  that  delivers  a  prerecorded
message  to a customer or to a customer's voicemail or answering machine
service, IN WHICH SUCH TELEPHONE CALL OR ELECTRONIC  MESSAGING  TEXT  IS
for the purpose of inducing payment or the exchange of any other consid-
eration for any goods or services;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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