S T A T E O F N E W Y O R K
________________________________________________________________________
2581
2023-2024 Regular Sessions
I N A S S E M B L Y
January 26, 2023
___________
Introduced by M. of A. KIM, PAULIN, DINOWITZ, WEPRIN, ZEBROWSKI, BENE-
DETTO, OTIS, L. ROSENTHAL, COLTON, GUNTHER, SEAWRIGHT, STECK, BARRETT
-- read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the general business law and the civil practice law and
rules, in relation to prohibiting business entities from transmitting
false caller identification information with the intent to defraud or
harass any person
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
399-ppp to read as follows:
§ 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION
INFORMATION. 1. IT SHALL BE UNLAWFUL FOR ANY BUSINESS ENTITY, IN
CONNECTION WITH ANY TELECOMMUNICATIONS SERVICE OR VOIP SERVICE, TO CAUSE
ANY CALLER IDENTIFICATION SERVICE TO TRANSMIT FALSE CALLER IDENTIFICA-
TION INFORMATION, WITH THE INTENT TO DEFRAUD OR HARASS, WHEN MAKING A
CALL TO ANY PERSON WITHIN THE STATE.
2. FOR PURPOSES OF THIS SECTION:
(A) "BUSINESS ENTITY" MEANS A CORPORATION, ASSOCIATION, PARTNERSHIP,
LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR OTHER LEGAL
ENTITY.
(B) "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED TO
AN END USER BY A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE
NUMBER OF, OR OTHER INFORMATION REGARDING THE ORIGINATION OF, A CALL
MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE.
(C) "CALLER IDENTIFICATION SERVICE" MEANS ANY SERVICE OR DEVICE
DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE
NUMBER OF, OR OTHER INFORMATION REGARDING THE ORIGINATION OF, A CALL
MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE. SUCH TERM
INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07080-01-3
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(D) "VOIP SERVICE" MEANS A SERVICE THAT:
(I) PROVIDES REAL-TIME VOICE COMMUNICATIONS TRANSMITTED THROUGH END
USER EQUIPMENT USING TCP/IP PROTOCOL, OR A SUCCESSOR PROTOCOL, FOR A FEE
OR WITHOUT A FEE; AND
(II) IS OFFERED TO THE PUBLIC, OR SUCH CLASSES OF USERS AS TO BE
EFFECTIVELY AVAILABLE TO THE PUBLIC (WHETHER PART OF A BUNDLE OF
SERVICES OR SEPARATELY); AND
(III) HAS THE CAPABILITY TO ORIGINATE TRAFFIC TO, OR TERMINATE TRAFFIC
FROM, THE PUBLIC SWITCHED TELEPHONE NETWORK.
3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN
INJUNCTION, AND UPON NOTICE TO THE DEFENDANT, TO IMMEDIATELY ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE, BY A PREPONDERANCE OF THE
EVIDENCE, THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION AN
INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. THE COURT MAY MAKE
ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE LAW AND RULES. IN ADDITION TO ANY SUCH ALLOWANCES, THE COURT MAY
DIRECT RESTITUTION TO ANY VICTIM UPON A SHOWING OF DAMAGES BY A PREPON-
DERANCE OF THE EVIDENCE. IN ADDITION TO ANY SUCH RESTITUTION, WHENEVER
THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,
THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWO THOUSAND
DOLLARS PER CALL, UP TO A TOTAL AGGREGATE AMOUNT OF NOT MORE THAN ONE
HUNDRED THOUSAND DOLLARS, FOR ALL CALLS PLACED IN VIOLATION OF THIS
SECTION WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION WITH
ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO
TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
4. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHOSE CALLER IDENTIFICATION INFOR-
MATION WAS USED IN CONNECTION WITH A VIOLATION OF THIS SECTION OR WHO
HAS RECEIVED A TELEPHONE CALL IN VIOLATION OF THIS SECTION MAY BRING AN
ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE,
AN ACTION TO RECOVER THE GREATER OF (A) HIS OR HER ACTUAL DAMAGES, OR
(B) AN AMOUNT EQUAL TO NOT MORE THAN FIVE HUNDRED DOLLARS PER CALL, UP
TO A TOTAL AGGREGATE AMOUNT OF NOT MORE THAN TWENTY-FIVE THOUSAND
DOLLARS FOR ALL CALLS PLACED IN VIOLATION OF THIS SECTION WITHIN A
CONTINUOUS SEVENTY-TWO HOUR PERIOD; OR BOTH SUCH ACTIONS. THE COURT MAY
AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY MEMBER OF A
LAW ENFORCEMENT UNIT ACTING WITHIN THE SCOPE OF HIS OR HER ASSIGNED
DUTIES OR TO A COURT ORDER THAT SPECIFICALLY AUTHORIZES THE USE OF CALL-
ER IDENTIFICATION MANIPULATION.
§ 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac-
tice law and rules, as amended by chapter 530 of the laws of 2002, is
amended to read as follows:
6. to the plaintiffs in an action or proceeding brought by the [attor-
ney-general] ATTORNEY GENERAL under [articles] ARTICLE twenty-two, twen-
ty-two-A, twenty-three-A or thirty-three or section three hundred nine-
ty-one-b, THREE HUNDRED NINETY-NINE-PPP, or five hundred twenty-a of the
general business law, or under subdivision twelve of section sixty-three
of the executive law, or under article twenty-three of the arts and
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cultural affairs law, or in an action or proceeding brought by the
[attorney-general] ATTORNEY GENERAL under applicable statutes to
dissolve a corporation or for usurpation of public office, or unlawful
exercise of franchise or of corporate right, a sum not exceeding two
thousand dollars against each defendant.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.