S T A T E O F N E W Y O R K
________________________________________________________________________
1216
2025-2026 Regular Sessions
I N A S S E M B L Y
January 9, 2025
___________
Introduced by M. of A. DINOWITZ, WEPRIN -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the termination
of pre-recorded telephone messages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 399-p of the general business law,
as amended by chapter 176 of the laws of 1998, is amended to read as
follows:
8. 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 of not less than five days,
to enjoin and restrain the continuance of such violations; and if it
shall appear to the satisfaction of the court or justice, 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. In any such proceeding, 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, and direct restitution. Whenever the court shall
determine that a violation of PARAGRAPH (A) OF subdivision three[,] OR
SUBDIVISION four [or five] 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 of not more than twenty thousand dollars, for calls placed
in violation of such subdivisions within a continuous seventy-two hour
period. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF PARA-
GRAPH (B) OF SUBDIVISION THREE OR SUBDIVISION FIVE OF THIS SECTION HAS
OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF UP TO FIFTY THOUSAND
DOLLARS. Whenever the court shall determine that a violation of subdivi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01727-01-5
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