Bill Text: NY A06680 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 13-8)

Status: (Engrossed) 2024-03-21 - REFERRED TO CONSUMER PROTECTION [A06680 Detail]

Download: New_York-2023-A06680-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6680

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     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:

     1    Section  1.  Subdivision  5-a of section 399-z of the general business
     2  law, as added by chapter 680 of the laws of 2019, is amended to read  as
     3  follows:
     4    5-a.  It shall be unlawful for any telemarketer doing business in this
     5  state to knowingly make an unsolicited telemarketing sales call  to  any
     6  person  in  a  county,  city,  town or village under a declared state of
     7  emergency or disaster emergency as described in [sections] section twen-
     8  ty-four or twenty-eight of the executive law;  provided,  however,  that
     9  this  prohibition shall apply only where the declaration or proclamation
    10  of emergency includes a finding  that  unsolicited  telemarketing  sales
    11  calls  would  impair  actions  taken  to limit, control, or mitigate the
    12  emergency and explains the basis of such finding; and  provided  further
    13  that  such  prohibition  may  not  extend  for a period of more than two
    14  weeks, subject to renewal for additional  two-week  periods  by  further
    15  findings of necessity made at the end of each two-week period.
    16    §  2.  Paragraph  f  of subdivision 7 of section 399-pp of the general
    17  business law, as added by chapter 680 of the laws of 2019, is amended to
    18  read as follows:
    19    f. knowingly make an  unsolicited  telemarketing  sales  call  to  any
    20  person  in  a  county,  city,  town or village under a declared state of
    21  emergency or disaster emergency as described in [sections] section twen-
    22  ty-four or twenty-eight of the executive law;  provided,  however,  that
    23  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
        A. 6680                             2

     1  of emergency includes a finding  that  unsolicited  telemarketing  sales
     2  calls  would  impair  actions  taken  to limit, control, or mitigate the
     3  emergency and explains the basis of such finding; and  provided  further
     4  that  such  prohibition  may  not  extend  for a period of more than two
     5  weeks, subject to renewal for additional  two-week  periods  by  further
     6  findings of necessity made at the end of each two-week period.
     7    § 3. This act shall take effect immediately.