Bill Text: NY A07939 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires telemarketers to provide certain information within the first thirty seconds 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-05 - RETURNED TO ASSEMBLY [A07939 Detail]

Download: New_York-2023-A07939-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7939

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     August 4, 2023
                                       ___________

        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Consumer Affairs and 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:

     1    Section 1. Subdivision 2 of section 399-z of the general business law,
     2  as  amended  by  chapter  660 of the laws of 2022, is amended to read as
     3  follows:
     4    2. No telemarketer or seller shall engage in telemarketing at any time
     5  other than between 8:00 A.M. and  9:00  P.M.  at  the  location  of  the
     6  customer unless the customer has given his or her express consent to the
     7  call  at  a  different time. Telemarketers shall provide, in a clear and
     8  coherent manner using words with  common  and  everyday  meanings,  [at]
     9  within  the [beginning] first thirty seconds of each telemarketing sales
    10  call all of the following information, provided that the information set
    11  forth in paragraphs a and b of this subdivision shall be  given  to  the
    12  customer first:
    13    §  2. Subparagraph 1 of paragraph b of subdivision 6 of section 399-pp
    14  of the general business law, as amended by chapter 239 of  the  laws  of
    15  2017, is amended to read as follows:
    16    (1)  [at]  within the [beginning] first thirty seconds of the call and
    17  prior to any request by  the  caller  of  the  customer  to  release  or
    18  disclose  any  of  the  customer's  personal  or  financial information,
    19  including but not limited, to the customer's name, address, credit card,
    20  checking account or other financial account number or information:
    21    § 3. Section 399-pp of the general business law is amended by adding a
    22  new subdivision 10-b to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11934-01-3
        A. 7939                             2

     1    10-b. A telemarketer shall disclose the address of such  telemarketer,
     2  and  the  address  of  any  company on whose behalf such telemarketer is
     3  providing telemarketing services, on any website owned  or  operated  by
     4  the  telemarketer  and  on  any  subsequent written communication to any
     5  customer.
     6    § 4. This act shall take effect immediately.