|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| May 23, 2022 |
returned to assembly passed senate 3rd reading cal.1371 substituted for s8450b |
| May 23, 2022 |
substituted by a8319c |
| May 16, 2022 |
ordered to third reading cal.1371 committee discharged and committed to rules |
| May 06, 2022 |
print number 8450b |
| May 06, 2022 |
amend and recommit to consumer protection |
| Apr 12, 2022 |
print number 8450a |
| Apr 12, 2022 |
amend and recommit to consumer protection |
| Mar 02, 2022 |
referred to consumer protection |
Senate Bill S8450B
2021-2022 Legislative Session
Sponsored By
(D, WF) 56th Senate District
Archive: Last Bill Status Via A8319 - Passed Senate
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2021-S8450 - Details
2021-S8450 - Sponsor Memo
BILL NUMBER: S8450
SPONSOR: COONEY
TITLE OF BILL:
An act to amend the general business law, in relation to adding tele-
phone numbers to a do-not-call list at the outset of certain telemarket-
ing calls
PURPOSE:
To require telemarketers to give customers the option to be added to
their do-not-call list at the outset of a call.
SUMMARY OF PROVISIONS:
Section one amends subdivision 7 of section 399z of the general business
law to provide that in the case of any telemarketing sales call deliv-
ered by means of a technology that delivers a pre-recorded message that
could be received by a customer who can use an automated interactive
voice and/or keypress activated opt-out mechanism to assert a do-not-
call request, such call shall include a mechanism that allows the
2021-S8450 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8450
I N S E N A T E
March 2, 2022
___________
Introduced by Sen. COONEY -- 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 adding tele-
phone numbers to a do-not-call list at the outset of certain telemar-
keting calls
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 7, 8 and 9 of section 399-z of the general
business law, subdivisions 7 and 8 as added by chapter 369 of the laws
of 2012, subdivision 9 as amended by chapter 572 of the laws of 2019,
are amended to read as follows:
7. In the case of any telemarketing sales call delivered by means of a
technology that delivers a pre-recorded message that could be received
by a customer who can use an automated interactive voice and/or keypress
activated opt-out mechanism to assert a do-not-call request, such call
shall include a mechanism that allows the customer to automatically add
the number called to the seller's entity specific do-not-call list AT
THE OUTSET OF THE CALL, and which mechanism, once invoked, immediately
ends the call.
8. In the case of any telemarketing sales call delivered by means of a
technology that delivers a pre-recorded message that could be answered
by an answering machine or voicemail service, that the call include a
toll-free number that must connect the customer directly to an automated
interactive voice or keypress activated opt-out mechanism that allows
the consumer to automatically add the number called to the seller's
entity specific do-not-call list AT THE OUTSET OF THE CALL, and which
mechanism, once invoked, immediately ends the call.
9. In the case of any telemarketing sales call made by a natural
person, the telemarketer or seller shall inform the customer that he or
she may request that his or her telephone number be added to the sell-
er's entity specific do-not-call list AT THE OUTSET OF THE CALL. If the
customer opts to do so, the telemarketer or seller shall immediately end
the call and shall add the number called to such list or cause the
number called to be added to such list.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
2021-S8450A - Details
2021-S8450A - Sponsor Memo
BILL NUMBER: S8450A
SPONSOR: COONEY
TITLE OF BILL:
An act to amend the general business law, in relation to adding tele-
phone numbers to a do-not-call list at the outset of certain telemarket-
ing calls
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 2 of section 399z of the general business
law to provide that telemarketers provide, in a clear and coherent
manner at the beginning of each telemarketing sales call, all of the
following information, in the following order: the telemarketer's name
and the person on whose behalf the solicitation is being made, if other
than the telemarketer; the option to be automatically added to the sell-
er's entity specific do-not-call list, as required by subdivisions 7, 8,
and 9 of this section; whether the call is being recorded; the purpose
of the telephone call; and the identity of the goods or services for
which a fee will be charged.
Section two provides the effective date.
2021-S8450A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8450--A
I N S E N A T E
March 2, 2022
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to adding tele-
phone numbers to a do-not-call list at the outset of certain telemar-
keting calls
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 399-z of the general business law,
as amended by chapter 239 of the laws of 2017, is amended to read as
follows:
2. No telemarketer or seller shall engage in telemarketing at any time
other than between 8:00 A.M. and 9:00 P.M. at the location of the
customer unless the customer has given his or her express consent to the
call at a different time. Telemarketers shall provide, in a clear and
coherent manner using words with common and everyday meanings, at the
beginning of each telemarketing sales call all of the following informa-
tion, IN THE FOLLOWING ORDER:
a. the telemarketer's name and the person on whose behalf the solic-
itation is being made, if other than the telemarketer;
b. the [purpose of the telephone call] OPTION TO BE AUTOMATICALLY
ADDED TO THE SELLER'S ENTITY SPECIFIC DO-NOT-CALL LIST, AS REQUIRED BY
SUBDIVISIONS SEVEN, EIGHT, AND NINE OF THIS SECTION;
c. [the identity of the goods or services for which a fee will be
charged; and
d.] whether the call is being recorded;
D. THE PURPOSE OF THE TELEPHONE CALL; AND
E. THE IDENTITY OF THE GOODS OR SERVICES FOR WHICH A FEE WILL BE
CHARGED.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13123-05-2
2021-S8450B (ACTIVE) - Details
2021-S8450B (ACTIVE) - Sponsor Memo
BILL NUMBER: S8450B
SPONSOR: COONEY
TITLE OF BILL:
An act to amend the general business law, in relation to adding tele-
phone numbers to a do-not-call list at the outset of certain telemarket-
ing calls
PURPOSE:
To require telemarketers to give customers the option to be added to
their do-not-call list immediately after the telemarketer's name and the
person on whose behalf the solicitation is being-made are provided.
SUMMARY OF PROVISIONS:
Section one amends subdivision 2 of section 399z of the general business
law to provide that telemarketers provide, in a clear and coherent
manner at the beginning of each telemarketing sales call, all of the
following information, provided that information set forth in paragraphs
a and b are given to the customer first: the telemarketer's name and the
2021-S8450B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8450--B
I N S E N A T E
March 2, 2022
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to adding tele-
phone numbers to a do-not-call list at the outset of certain telemar-
keting calls
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 399-z of the general business law,
as amended by chapter 239 of the laws of 2017, is amended to read as
follows:
2. No telemarketer or seller shall engage in telemarketing at any time
other than between 8:00 A.M. and 9:00 P.M. at the location of the
customer unless the customer has given his or her express consent to the
call at a different time. Telemarketers shall provide, in a clear and
coherent manner using words with common and everyday meanings, at the
beginning of each telemarketing sales call all of the following informa-
tion, PROVIDED THAT THE INFORMATION SET FORTH IN PARAGRAPHS A AND B OF
THIS SUBDIVISION SHALL BE GIVEN TO THE CUSTOMER FIRST:
a. the telemarketer's name and the person on whose behalf the solic-
itation is being made, if other than the telemarketer;
b. the [purpose of the telephone call] OPTION TO BE AUTOMATICALLY
ADDED TO THE SELLER'S ENTITY SPECIFIC DO-NOT-CALL LIST, AS REQUIRED BY
SUBDIVISIONS SEVEN, EIGHT, AND NINE OF THIS SECTION;
c. [the identity of the goods or services for which a fee will be
charged; and
d.] whether the call is being recorded;
D. THE PURPOSE OF THE TELEPHONE CALL; AND
E. THE IDENTITY OF THE GOODS OR SERVICES FOR WHICH A FEE WILL BE
CHARGED.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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