assembly Bill A6040

Signed By Governor
2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor

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

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view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 13, 2021 signed chap.239
Jul 12, 2021 delivered to governor
Jun 03, 2021 returned to assembly
passed senate
3rd reading cal.1442
substituted for s3941
Mar 23, 2021 referred to consumer protection
Mar 22, 2021 delivered to senate
passed assembly
Mar 18, 2021 advanced to third reading cal.187
Mar 15, 2021 reported
Mar 09, 2021 reported referred to codes
Mar 04, 2021 referred to consumer affairs and protection


A6040 (ACTIVE) - Details

See Senate Version of this Bill:
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A10043, S8770

A6040 (ACTIVE) - Summary

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

A6040 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                           I N  A S S E M B L Y
                               March 4, 2021
 Introduced by M. of A. BURGOS -- read once and referred to the Committee
   on Consumer Affairs and Protection
 AN ACT to amend the general business law, in relation to including elec-
   tronic messaging texts as a form of telemarketing communication
   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
   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.