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Assembly Bill A6680

2023-2024 Legislative Session

Prohibits unsolicited telemarketing sales calls during certain declared states of emergency

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2023-A6680 (ACTIVE) - Details

See Senate Version of this Bill:
S412
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2021-2022: A8662, S7656
2025-2026: A1250, S6853

2023-A6680 (ACTIVE) - Summary

Prohibits unsolicited telemarketing sales calls during a declared state of emergency or disaster emergency where the declaration or proclamation of emergency includes a finding that unsolicited telemarketing sales calls would impair actions taken to limit, control, or mitigate the emergency; explains the basis of such finding; provides that such prohibition may not extend for a period of more than two weeks, subject to renewal for additional two-week periods by further findings of necessity made at the end of each two-week period.

2023-A6680 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6680
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 28, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, SILLITTI, WOERNER, LUPARDO, LAVINE, SIMP-
   SON,  WALSH,  SIMON  --  read  once  and  referred to the Committee on
   Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   unsolicited  telemarketing  sales calls during certain declared states
   of emergency

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5-a of section 399-z of the general business
 law, as added by chapter 680 of the laws of 2019, is amended to read  as
 follows:
   5-a.  It shall be unlawful for any telemarketer doing business in this
 state to knowingly make an unsolicited telemarketing sales call  to  any
 person  in  a  county,  city,  town or village under a declared state of
 emergency or disaster emergency as described in [sections] SECTION twen-
 ty-four or twenty-eight of the executive law;  PROVIDED,  HOWEVER,  THAT
 THIS  PROHIBITION SHALL APPLY ONLY WHERE THE DECLARATION OR PROCLAMATION
 OF EMERGENCY INCLUDES A FINDING  THAT  UNSOLICITED  TELEMARKETING  SALES
 CALLS  WOULD  IMPAIR  ACTIONS  TAKEN  TO LIMIT, CONTROL, OR MITIGATE THE
 EMERGENCY AND EXPLAINS THE BASIS OF SUCH FINDING; AND  PROVIDED  FURTHER
 THAT  SUCH  PROHIBITION  MAY  NOT  EXTEND  FOR A PERIOD OF MORE THAN TWO
 WEEKS, SUBJECT TO RENEWAL FOR ADDITIONAL  TWO-WEEK  PERIODS  BY  FURTHER
 FINDINGS OF NECESSITY MADE AT THE END OF EACH TWO-WEEK PERIOD.
   §  2.  Paragraph  f  of subdivision 7 of section 399-pp of the general
 business law, as added by chapter 680 of the laws of 2019, is amended to
 read as follows:
   f. knowingly make an  unsolicited  telemarketing  sales  call  to  any
 person  in  a  county,  city,  town or village under a declared state of
 emergency or disaster emergency as described in [sections] SECTION twen-
 ty-four or twenty-eight of the executive law;  PROVIDED,  HOWEVER,  THAT
 THIS  PROHIBITION SHALL APPLY ONLY WHERE THE DECLARATION OR PROCLAMATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01899-01-3

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