NY State Senate Bill 2023-S8182A

Senate Bill S8182A

2023-2024 Legislative Session

Requires telemarketers to provide certain information within the first thirty seconds of a call and to disclose their address online and in written communication to customers

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2024	print number 8182a
May 03, 2024	amend (t) and recommit to consumer protection
Jan 11, 2024	referred to consumer protection

Bill Amendments

Original

A (Active)

2023-S8182 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§399-z & 399-pp, Gen Bus L

2023-S8182 - Summary

Requires telemarketers to provide certain information no later than the first thirty seconds of the commencement of a call; requires telemarketers to disclose the address of any company on whose behalf the telemarketer is providing telemarketing services on any website owned or operated by the telemarketer and in written communication to customers.

2023-S8182 - Sponsor Memo

                                 
BILL NUMBER: S8182

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring tele-
marketers to provide certain information within the first thirty seconds
of a call and requiring telemarketers to disclose their address online
and in written communication to customers

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect consumers from deceptive and intrusive telemarketing prac-
tices while promoting transparency and accountability in the telemarket-
ing industry.

 
SUMMARY OF PROVISIONS:

Section 1 states that telemarketers must provide, within the first 30
seconds of their sales, the purpose of the call and other information.

Section 2 requires telemarketers to disclose any request for personal or

financial information from the customer within the first 30 seconds of
their call.

Section 3 provides that telemarketers must disclose their address and
the address of the company they represent on their website and in any
written communication with customers.

Section 4 provides for an immediate effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

Telemarketing can pose substantial threats to the security of consumers,
and the industry is only growing. As a result of deceptive sales tactics
and pressure to make impulsive decisions, consumers may fall victim to
scams, identity theft, financial fraud, invasion of privacy, etc.
Further restrictions and regulation of telemarketers will help protect
consumers from deceptive practices. By requiring telemarketers to
provide essential information within the first thirty seconds of a call
and to disclose their address online, consumers will be better able to
make informed decisions and avoid falling prey to scams.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S8182 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8182
 
                             I N  S E N A T E
 
                             January 11, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 requiring tele-
   marketers to provide  certain  information  within  the  first  thirty
   seconds  of  a  call  and  requiring  telemarketers  to disclose their
   address online and in written communication to customers
 
   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  660 of the laws of 2022, 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]
 WITHIN  the [beginning] FIRST THIRTY SECONDS of each telemarketing sales
 call all of the following information, provided that the information set
 forth in paragraphs a and b of this subdivision shall be  given  to  the
 customer first:
   §  2. Subparagraph 1 of paragraph b of subdivision 6 of section 399-pp
 of the general business law, as amended by chapter 239 of  the  laws  of
 2017, is amended to read as follows:
   (1)  [at]  WITHIN the [beginning] FIRST THIRTY SECONDS of the call and
 prior to any request by  the  caller  of  the  customer  to  release  or
 disclose  any  of  the  customer's  personal  or  financial information,
 including but not limited, to the customer's name, address, credit card,
 checking account or other financial account number or information:
   § 3. Section 399-pp of the general business law is amended by adding a
 new subdivision 10-b to read as follows:
   10-B. A TELEMARKETER SHALL DISCLOSE THE ADDRESS OF SUCH  TELEMARKETER,
 AND  THE  ADDRESS  OF  ANY  COMPANY ON WHOSE BEHALF SUCH TELEMARKETER IS
 PROVIDING TELEMARKETING SERVICES, ON ANY WEBSITE OWNED  OR  OPERATED  BY
 THE  TELEMARKETER  AND  ON  ANY  SUBSEQUENT WRITTEN COMMUNICATION TO ANY
 CUSTOMER.
   § 4. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11934-01-3

2023-S8182A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§399-z & 399-pp, Gen Bus L

2023-S8182A (ACTIVE) - Summary

2023-S8182A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8182A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring tele-
marketers to provide certain information no later than thirty seconds
from the commencement of a call and requiring telemarketers to disclose
their address online and in written communication to customers

 
PURPOSE OR GENERAL IDEA OF BILL::

To protect consumers from deceptive and intrusive telemarketing prac-
tices while promoting transparency and accountability in the telemarket-
ing industry.

 
SUMMARY OF PROVISIONS::

Section 1 states that telemarketers must provide, within the first 30
seconds of their sales, the purpose of the call and other information.

Section 2 requires telemarketers to disclose any request for personal or

financial information from the customer within the first 30 seconds of
their call.

Section 3 provides that telemarketers must disclose their address and
the address of the company they represent on their website and in any
written communication with customers.

Section 4 provides for an immediate effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION::

Telemarketing can pose substantial threats to the security of consumers,
and the industry is only growing. As a result of deceptive sales tactics
and pressure to make impulsive decisions, consumers may fall victim to
scams, identity theft, financial fraud, invasion of privacy, etc.
Further restrictions and regulation of telemarketers will help protect
consumers from deceptive practices. By requiring telemarketers to
provide essential information within the first thirty seconds of a call
and to disclose their address online, consumers will be better able to
make informed decisions and avoid falling prey to scams.

 
PRIOR LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

None.

 
EFFECTIVE DATE::

Immediately.

2023-S8182A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8182--A
 
                             I N  S E N A T E
 
                             January 11, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Consumer  Protection
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to requiring tele-
   marketers to provide certain information no later than thirty  seconds
   from  the  commencement  of  a  call  and  requiring  telemarketers to
   disclose their address online and in written communication to  custom-
   ers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 2 of section 399-z  of
 the general business law, as amended by chapter 660 of the laws of 2022,
 is amended to read as follows:
   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  BUT NO LATER THAN THIRTY SECONDS FROM THE COMMENCEMENT OF THE
 CALL  of each telemarketing sales call all of the following information,
 provided that the information set forth in paragraphs a and  b  of  this
 subdivision shall be given to the customer first:
   §  2. The opening paragraph of subparagraph 1 of paragraph b of subdi-
 vision 6 of section 399-pp of the general business law,  as  amended  by
 chapter 239 of the laws of 2017, is amended to read as follows:
   at  the  beginning BUT NO LATER THAN THIRTY SECONDS FROM THE COMMENCE-
 MENT of the call and prior to any request by the caller of the  customer
 to  release  or  disclose  any  of  the customer's personal or financial
 information, including but not limited, to the customer's name, address,
 credit card, checking account  or  other  financial  account  number  or
 information:
   § 3. Section 399-pp of the general business law is amended by adding a
 new subdivision 10-b to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11934-04-4
 S. 8182--A                          2
 
   10-B.  A  TELEMARKETER  SHALL  DISCLOSE  THE ADDRESS OF ANY COMPANY ON
 WHOSE BEHALF SUCH TELEMARKETER IS PROVIDING TELEMARKETING  SERVICES,  ON
 ANY  WEBSITE OWNED OR OPERATED BY THE TELEMARKETER AND ON ANY SUBSEQUENT
 WRITTEN COMMUNICATION TO ANY CUSTOMER.
   § 4. This act shall take effect immediately.

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