NY State Senate Bill S8450B

Archive: Last Bill Status Via A8319 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 06, 2022	signed chap.660
Dec 02, 2022	delivered to governor
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

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S8450 - Details

See Assembly Version of this Bill:: A8319
Law Section:: General Business Law
Laws Affected:: Amd §399-z, Gen Bus L

S8450 - Summary

Adds telephone numbers to a do-not-call list at the outset of certain telemarketing calls.

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

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 mech-
anism, once invoked, immediately ends the call.

Section one also amends subdivision 8 of section 399z of the general
business law to provide that 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 key press 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.

Finally, section one amends subdivision 9 of section 399z of the general
business law to provide that 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 seller's entity specific do-not-call list at the outset of
the call.

Section two provides the effective date.

 
JUSTIFICATION:

Under current law, telemarketers are required to inform individuals that
they may request to be added to their company's do-not-call list. The
law does not specify at what point in the call such notice must be
given. People usually will hang up before a telemarketer or recording
has even mentioned anything about the do-not-call list. This allows
telemarketers to continue calling them again and again.

Since the incidence of nuisance calls continues to rise, the law needs
to go further to protect the public from unsolicited communications.
This legislation will require that telemarketers give customers the
option to be added to their company's do-not-call list at the outset of

a call. Doing so with help to safeguard consumers from continuous
unwanted calls.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

                       [ ] is old law to be omitted.
                                                            LBD13123-01-1

S8450A - Details

See Assembly Version of this Bill:: A8319
Law Section:: General Business Law
Laws Affected:: Amd §399-z, Gen Bus L

S8450A - Summary

Adds telephone numbers to a do-not-call list at the outset of certain telemarketing calls.

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.

 
JUSTIFICATION:

Under current law, telemarketers are required to inform individuals that
they may request to be added to their company's do-not-call list. The
law does not specify at what point in the call such notice must be
given. People usually will hang up before a telemarketer or recording
has even mentioned anything about the do-not-call list.  This allows
telemarketers to continue calling them again and again.

Since the incidence of nuisance calls continues to rise, the law needs
to go further to protect the public from unsolicited communications.
This legislation will require that telemarketers give customers the
option to be added to their company's do-not-call list right after the
telemarketer's name and the person on whose behalf the solicitation is
being made are provided. Doing so with help to safeguard consumers from
continuous unwanted calls.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

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

S8450B (ACTIVE) - Details

See Assembly Version of this Bill:: A8319
Law Section:: General Business Law
Laws Affected:: Amd §399-z, Gen Bus L

S8450B (ACTIVE) - Summary

Adds telephone numbers to a do-not-call list at the outset of certain telemarketing calls.

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

person on whose behalf the solicitation is being made, if other than the
telemarketer; the option to be automatically added to the seller's enti-
ty 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.

 
JUSTIFICATION:

Under current law, telemarketers are required to inform individuals that
they may request to be added to their company's do-not-call list. The
law does not specify at what point in the call such notice must be
given. People usually will hang up before a telemarketer or recording
has even mentioned anything about the do-not-call list.  This allows
telemarketers to continue calling them again and again.  Since the inci-
dence of nuisance calls continues to rise, the law needs to go further
to protect the public from unsolicited communications. This legislation
will require that telemarketers give customers the option to be added to
their company's do-not-call list right after the telemarketer's name and
the person on whose behalf the solicitation is being made are provided.
Doing so with help to safeguard consumers from continuous unwanted
calls.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

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.

                                                            LBD13123-07-2

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The New York State Senate

senate Bill S8450B

Sponsored By

Archive: Last Bill Status Via A8319 - Signed by Governor

Your Voice

Actions

Votes

May 23, 2022 - floor Vote

Floor Vote: May 23, 2022

May 16, 2022 - Rules committee Vote

Rules Committee Vote: May 16, 2022

Bill Amendments

S8450 - Details

S8450 - Summary

S8450 - Sponsor Memo

S8450 - Bill Text download pdf

S8450A - Details

S8450A - Summary

S8450A - Sponsor Memo

S8450A - Bill Text download pdf

S8450B (ACTIVE) - Details

S8450B (ACTIVE) - Summary

S8450B (ACTIVE) - Sponsor Memo

S8450B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8450B

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Sponsored By

Jeremy A. Cooney

Archive: Last Bill Status Via A8319 - Signed by Governor

Your Voice

Actions

Votes

May 23, 2022 - floor Vote

Floor Vote: May 23, 2022

May 16, 2022 - Rules committee Vote

Rules Committee Vote: May 16, 2022

Bill Amendments

S8450 - Details

S8450 - Summary

S8450 - Sponsor Memo

S8450 - Bill Text download pdf

S8450A - Details

S8450A - Summary

S8450A - Sponsor Memo

S8450A - Bill Text download pdf

S8450B (ACTIVE) - Details

S8450B (ACTIVE) - Summary

S8450B (ACTIVE) - Sponsor Memo

S8450B (ACTIVE) - Bill Text download pdf

Comments