assembly Bill A8319C

Signed By Governor
2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last 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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Actions

view actions (18)
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 10, 2022 referred to consumer protection
delivered to senate
passed assembly
May 02, 2022 amended on third reading 8319c
Apr 28, 2022 advanced to third reading cal.547
Apr 26, 2022 reported
Apr 12, 2022 print number 8319b
Apr 12, 2022 amend and recommit to consumer affairs and protection
Apr 07, 2022 print number 8319a
Apr 07, 2022 amend and recommit to consumer affairs and protection
Jan 05, 2022 referred to consumer affairs and protection
Oct 20, 2021 referred to consumer affairs and protection

Co-Sponsors

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A8319 - Details

See Senate Version of this Bill:
S8450
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

A8319 - Summary

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

A8319 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8319
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  ROZIC,  BURGOS,  DINOWITZ, BURDICK,
   BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
   HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH,  BRABE-
   NEC,  BROWN,  J. A. GIGLIO,  MANKTELOW,  SALKA,  TANNOUSIS,  LEMONDES,
   DARLING -- read once and referred to the Committee on Consumer Affairs
   and 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13123-01-1

Co-Sponsors

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A8319A - Details

See Senate Version of this Bill:
S8450
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

A8319A - Summary

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

A8319A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8319--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  ROZIC,  BURGOS,  DINOWITZ, BURDICK,
   BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
   HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH,  BRABE-
   NEC,  BROWN,  J. A. GIGLIO,  MANKTELOW,  SALKA,  TANNOUSIS,  LEMONDES,
   DARLING -- read once and referred to the Committee on Consumer Affairs
   and Protection -- recommitted to the Committee on Consumer Affairs and
   Protection in accordance with Assembly Rule 3,  sec.  2  --  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13123-02-2

Co-Sponsors

view additional co-sponsors

A8319B - Details

See Senate Version of this Bill:
S8450
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

A8319B - Summary

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

A8319B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8319--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  ROZIC,  BURGOS,  DINOWITZ, BURDICK,
   BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
   HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH,  BRABE-
   NEC,  BROWN,  J. A. GIGLIO,  MANKTELOW,  SALKA,  TANNOUSIS,  LEMONDES,
   DARLING -- read once and referred to the Committee on Consumer Affairs
   and Protection -- recommitted to the Committee on Consumer Affairs and
   Protection in accordance with Assembly Rule 3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13123-04-2
 A. 8319--B                          2

Co-Sponsors

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A8319C (ACTIVE) - Details

See Senate Version of this Bill:
S8450
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

A8319C (ACTIVE) - Summary

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

A8319C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8319--C
                                                         Cal. No. 547
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  ROZIC,  BURGOS,  DINOWITZ, BURDICK,
   BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
   HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH,  BRABE-
   NEC,  K. BROWN,  J. A. GIGLIO,  MANKTELOW, SALKA, TANNOUSIS, LEMONDES,
   DARLING, OTIS -- read once and referred to the Committee  on  Consumer
   Affairs  and  Protection  --  recommitted to the Committee on Consumer
   Affairs and Protection in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, ordered reprinted as amended and recommitted to said
   committee -- reported from committee, advanced  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.