senate Bill S3941

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 Via A6040 - 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 (10)
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
Jun 03, 2021 substituted by a6040
Jun 02, 2021 ordered to third reading cal.1442
committee discharged and committed to rules
Feb 01, 2021 referred to consumer protection


S3941 (ACTIVE) - Details

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

S3941 (ACTIVE) - Summary

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

S3941 (ACTIVE) - Sponsor Memo

S3941 (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  S E N A T E
                             February 1, 2021
 Introduced  by  Sen.  COMRIE -- 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 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.


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