Senate Bill S9440

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9440
 
                             I N  S E N A T E
 
                              March 12, 2026
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 enacting the do
   not disturb registry act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "do not disturb registry act".
   § 2. Legislative findings and purpose. The  legislature  hereby  finds
 and  declares  that  it  is  the policy of this state to ensure that its
 residents are not burdened or deceived by unsolicited commercial market-
 ing communications,  including  telemarketing  calls,  electronic  mail,
 physical mail, text message, and facsimiles. The increase in unsolicited
 commercial  marketing  communications  has heightened the risk of making
 residents of this state susceptible to deceptive practices,  scams,  and
 fraudulent schemes. Moreover, the receipt of such communications is also
 a  nuisance  to  residents as such communications clutter their inboxes,
 fill their devices with unwanted messages, and consume  their  time  and
 attention,  thereby  disrupting  their  daily  lives and diminishing the
 privacy and peace they should be able to expect in their personal  spac-
 es.    Furthermore,  the  increase  of  such communications also has the
 effect of diminishing residents' trust in urgent communications.  Final-
 ly,  the  existence  of a statewide do not disturb registry may have the
 effect of lowering marketing costs to businesses, as businesses will  be
 aware  of consumers who have a lower likelihood of positively responding
 to their commercial marketing communications.
   § 3. The general business law is amended by adding a new article 48 to
 read as follows:
                                ARTICLE 48
                          DO NOT DISTURB REGISTRY
 SECTION 1800. DEFINITIONS.
         1801. DO NOT DISTURB REGISTRY.
         1802. UNSOLICITED  COMMERCIAL  MARKETING  COMMUNICATIONS;   WHEN
                 PROHIBITED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13592-01-5
 S. 9440                             2
 
         1803. INVESTIGATIONS.
         1804. PENALTIES.
         1805. EFFECT ON THE STATEWIDE "DO-NOT-CALL" REGISTRY.
         1806. RULEMAKING.
   §  1800.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "UNSOLICITED COMMERCIAL MARKETING  COMMUNICATION"  SHALL  MEAN  ANY
 TELEMARKETING  CALL,  ELECTRONIC  MAIL,  PHYSICAL  MAIL, TEXT MESSAGE OR
 FACSIMILE, THE PRIMARY PURPOSE OF WHICH IS THE COMMERCIAL  ADVERTISEMENT
 OR PROMOTION OF A COMMERCIAL PRODUCT OR SERVICE, INCLUDING CONTENT ON AN
 INTERNET  WEBSITE OPERATED FOR A COMMERCIAL PURPOSE MADE BY OR ON BEHALF
 OF A COVERED PERSON. THIS TERM SHALL NOT INCLUDE COMMUNICATIONS THAT ARE
 SENT AS A RESULT OF A RESIDENT VOLUNTARILY OPTING IN TO  RECEIVING  SUCH
 COMMUNICATIONS. THE INCLUSION OF A REFERENCE TO A COMMERCIAL ENTITY OR A
 LINK  TO  THE  WEBSITE OF A COMMERCIAL ENTITY DOES NOT, BY ITSELF, CAUSE
 SUCH COMMUNICATION TO BE TREATED AS A COMMERCIAL MARKETING COMMUNICATION
 FOR PURPOSES OF THIS SECTION IF THE CONTENTS  OR  CIRCUMSTANCES  OF  THE
 COMMUNICATION  INDICATE A PRIMARY PURPOSE OTHER THAN A COMMERCIAL ADVER-
 TISEMENT OR PROMOTION OF A COMMERCIAL PRODUCT OR SERVICE.
   2. "COVERED PERSON" SHALL MEAN ANY NATURAL PERSON, ASSOCIATION,  PART-
 NERSHIP,  CORPORATION  AND ITS AFFILIATES OR SUBSIDIARIES OR OTHER BUSI-
 NESS ENTITY THAT SENT MORE THAN THE THRESHOLD AMOUNTS FOR EACH  FORM  OF
 COMMUNICATION  IN  ONE  OF THE PREVIOUS FIVE CALENDAR YEARS PRIOR TO THE
 COMMUNICATION BEING MADE:
   (A) FIVE THOUSAND UNSOLICITED MARKETING  COMMUNICATIONS  MADE  THROUGH
 PHYSICAL MAIL;
   (B)  TEN  THOUSAND  UNSOLICITED  MARKETING COMMUNICATIONS MADE THROUGH
 ELECTRONIC MAIL;
   (C) ONE THOUSAND UNSOLICITED  MARKETING  COMMUNICATIONS  MADE  THROUGH
 FACSIMILE; OR
   (D) ONE UNSOLICITED MARKETING COMMUNICATION MADE THROUGH TELEMARKETING
 CALL OR TEXT MESSAGE.
   3. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF STATE.
   4. "SECRETARY" SHALL MEAN THE SECRETARY OF STATE.
   5.  "CONSUMER" SHALL MEAN ANY NATURAL PERSON WHO IS A RESIDENT OF THIS
 STATE AND WHO IS OR MAY BE REQUIRED TO PAY FOR OR TO EXCHANGE  CONSIDER-
 ATION FOR GOODS AND SERVICES.
   6.  "DOING  BUSINESS  IN THIS STATE" SHALL MEAN SENDING AN UNSOLICITED
 COMMERCIAL MARKETING COMMUNICATION:
   (A) FROM A LOCATION IN THIS STATE; OR
   (B) FROM A LOCATION OUTSIDE OF THIS STATE  TO  CONSUMERS  RESIDING  IN
 THIS STATE.
   7.  "GOODS  AND SERVICES" SHALL MEAN ANY GOODS AND SERVICES, AND SHALL
 INCLUDE ANY REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY OR  SERVICES  OF
 ANY KIND.
   §  1801.  DO  NOT  DISTURB  REGISTRY.  THE DEPARTMENT IS AUTHORIZED TO
 ESTABLISH, MANAGE, AND MAINTAIN A  STATEWIDE  DO  NOT  DISTURB  REGISTRY
 WHICH SHALL CONTAIN A LIST OF RESIDENTS WHO DO NOT WISH TO RECEIVE UNSO-
 LICITED COMMERCIAL MARKETING COMMUNICATIONS. THE DEPARTMENT MAY CONTRACT
 WITH  A  PRIVATE VENDOR TO ESTABLISH, MANAGE AND MAINTAIN SUCH REGISTRY,
 PROVIDED THAT THE CONTRACT SHALL REQUIRE THE VENDOR TO  PROVIDE  THE  DO
 NOT  DISTURB REGISTRY IN A FORMAT BEST DESIGNED TO ENABLE REGISTRANTS TO
 UPDATE THEIR CONSUMER MARKETING LISTS. SUCH REGISTRY MAY BE DESIGNED  TO
 ENABLE  RESIDENTS  TO SELECT SPECIFIC INDUSTRIES OF WHICH COMMUNICATIONS
 THEY WOULD LIKE TO OPT-OUT OF. SUCH REGISTRY SHALL BE DESIGNED TO ENABLE
 RESIDENTS TO REGISTER THE FOLLOWING INFORMATION THAT SHALL BE LINKED  TO
 S. 9440                             3
 
 THEIR  REGISTRATION,  PROVIDED  HOWEVER  THAT  A  RESIDENT  SHALL NOT BE
 REQUIRED TO PROVIDE ALL SUCH INFORMATION:
   1. TELEPHONE NUMBER;
   2. FACSIMILE NUMBER;
   3. ELECTRONIC MAIL ADDRESS; AND
   4. HOME ADDRESS.
   §  1802. UNSOLICITED COMMERCIAL MARKETING COMMUNICATIONS; WHEN PROHIB-
 ITED.   NO BUSINESS SHALL MAKE OR  CAUSE  TO  BE  MADE  ANY  UNSOLICITED
 COMMERCIAL  MARKETING COMMUNICATION TO ANY CONSUMER WHEN THAT CONSUMER'S
 INFORMATION HAS BEEN ON THE STATEWIDE DO  NOT  DISTURB  REGISTRY  FOR  A
 PERIOD OF THIRTY-ONE DAYS.
   §  1803.  INVESTIGATIONS.  WHEN THE DEPARTMENT HAS REASON TO BELIEVE A
 PERSON HAS ENGAGED IN A SINGLE OR  REPEATED  UNLAWFUL  ACT  OR  ACTS  IN
 VIOLATION  OF  THIS  ARTICLE,  THE DEPARTMENT MAY REQUEST IN WRITING THE
 PRODUCTION OF RELEVANT DOCUMENTS AND RECORDS AS  PART  OF  ITS  INVESTI-
 GATION.  IF  THE PERSON UPON WHOM SUCH REQUEST WAS MADE FAILS TO PRODUCE
 THE DOCUMENTS OR RECORDS WITHIN  THIRTY  DAYS  AFTER  THE  DATE  OF  THE
 REQUEST,  THE  DEPARTMENT  MAY  ISSUE  AND SERVE SUBPOENAS TO COMPEL THE
 PRODUCTION OF SUCH DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE  TO
 COMPLY  WITH  A  SUBPOENA  ISSUED UNDER THIS SECTION, THE DEPARTMENT MAY
 PETITION A COURT OF COMPETENT JURISDICTION TO ENFORCE THE  SUBPOENA  AND
 SUCH SANCTIONS AS THE COURT MAY DIRECT.
   §  1804.  PENALTIES.  1.  WHERE  IT IS DETERMINED AFTER HEARING THAT A
 COVERED PERSON HAS VIOLATED A PROVISION OF THIS ARTICLE  THE  DEPARTMENT
 SHALL ASSESS A FINE NOT TO EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS.
   2.  ANY  PROCEEDING  CONDUCTED  PURSUANT  TO  SUBDIVISION  ONE OF THIS
 SECTION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  RESTRICT  ANY  RIGHT
 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR AT COMMON LAW.
   4.  A FINDING OF A VIOLATION OF ANY FEDERAL LAW RELATED TO THE SENDING
 OF UNSOLICITED MARKETING COMMUNICATIONS SHALL NOT PRECLUDE  ANY  PENALTY
 PURSUANT TO THIS SECTION.
   § 1805. EFFECT ON THE STATEWIDE "DO-NOT-CALL" REGISTRY. THE PROVISIONS
 OF  THIS  ARTICLE  SHALL  BE CONSTRUED TO OPERATE IN ADDITION TO SECTION
 THREE HUNDRED NINETY-NINE-Z OF THIS CHAPTER. NO COVERED PERSON SHALL  BE
 HELD LIABLE FOR PENALTIES RELATED TO SECTION THREE HUNDRED NINETY-NINE-Z
 OF  THIS  CHAPTER AND THIS ARTICLE IN RELATION TO A VIOLATION RELATED TO
 TELEMARKETING, AS IT IS DEFINED IN SECTION THREE  HUNDRED  NINETY-NINE-Z
 OF THIS CHAPTER.
   §  1806.  RULEMAKING.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGU-
 LATIONS TO ADMINISTER THIS ARTICLE.
   § 4. Severability. If any clause, sentence, paragraph or part of  this
 act  shall  be  adjudged  by  any  court of competent jurisdiction to be
 invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence, paragraph or part thereof directly involved in the controversy
 in which such judgment shall have been rendered.
   §  5. This act shall take effect one year after it shall have become a
 law.