Senate Bill S8182B

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

Sponsored By

Current Bill Status Via A7939 - Passed Senate


  • 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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Bill Amendments

2023-S8182 - Details

See Assembly Version of this Bill:
A7939
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

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.
 
              

2023-S8182A - Details

See Assembly Version of this Bill:
A7939
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L

2023-S8182A - 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-S8182A - Sponsor Memo

2023-S8182A - 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.
              

2023-S8182B (ACTIVE) - Details

See Assembly Version of this Bill:
A7939
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L

2023-S8182B (ACTIVE) - 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-S8182B (ACTIVE) - Sponsor Memo

2023-S8182B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8182--B
 
                             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  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 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] THEIR express
 consent to the call at a different time. Telemarketers shall provide, in
 a clear and coherent manner using words with common and  everyday  mean-
 ings,  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 para-
 graphs 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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