The New York State Senate

 
                     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

 A. 8319                             2
 
   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.

 
                     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

 A. 8319--A                          2

   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 immediately.

 
                     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

 
   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.