Assembly Actions -
Senate Actions - UPPERCASE
|Jul 13, 2021||
|Jul 12, 2021||
delivered to governor
|Jun 03, 2021||
returned to assembly
3rd reading cal.1442
substituted for s3941
|Jun 03, 2021||
substituted by a6040
|Jun 02, 2021||
ordered to third reading cal.1442
committee discharged and committed to rules
|Feb 01, 2021||
referred to consumer protection
Senate Bill S3941Signed By Governor
2021-2022 Legislative Session
Archive: Last Bill Status Via A6040 - Signed by Governor
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S3941 (ACTIVE) - Details
2021-S3941 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3941 SPONSOR: COMRIE TITLE OF BILL: An act to amend the general business law, in relation to including elec- tronic messaging texts as a form of telemarketing communication PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to add electronic messaging texts to the definition of telemarketing. SUMMARY OF PROVISIONS: Section 1 amends subdivisions h, i, j, k, 1, m of section 399-z of the general business law to add electronic messaging texts to the definition of telemarketing; and adds a subdivision n of section 399-z of the general business law that adds a new definition for electronic messaging text.
2021-S3941 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3941 2021-2022 Regular Sessions I N S E N A T E February 1, 2021 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection 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, paragraphs h, i and j as amended by chapter 369 of the laws of 2012 and paragraph k as amended and para- graphs l and m 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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