Bill Text: NY A09457 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to the transmission of caller identification information to consumers.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2016-06-15 - substituted by s6809b [A09457 Detail]

Download: New_York-2015-A09457-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9457--A
                                                                Cal. No. 703
                   IN ASSEMBLY
                                      March 4, 2016
                                       ___________
        Introduced  by M. of A. MAYER, DINOWITZ, TITONE, COLTON, PEOPLES-STOKES,
          LIFTON, GALEF, SEAWRIGHT, McDONOUGH, MONTESANO, GIGLIO, JAFFEE,  SALA-
          DINO,  STECK,  PALMESANO -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
          BUCHWALD, CERETTO, DUPREY, LOPEZ, LUPARDO, McLAUGHLIN,  RA,  SIMON  --
          read  once  and  referred  to  the  Committee  on Consumer Affairs and
          Protection -- reported and referred  to  the  Committee  on  Codes  --
          advanced  to  a third reading, passed by Assembly and delivered to the
          Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
          ordered reprinted, retaining its place on the order of third reading
        AN  ACT  to  amend  the  general business law, in relation to the trans-
          mission of caller identification to consumers
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph k of subdivision 1 of section 399-z of the gener-
     2  al  business  law,  as  amended  by  chapter 369 of the laws of 2012, is
     3  amended and two new paragraphs l and m are added to read as follows:
     4    k. "Unsolicited telemarketing  sales  call"  means  any  telemarketing
     5  sales call other than a call made:
     6    (i) in response to an express written or verbal request by the custom-
     7  er; or
     8    (ii)  in  connection  with an established business relationship, which
     9  has not been terminated by either party, unless such customer has stated
    10  to the telemarketer that such customer no longer wishes to  receive  the
    11  telemarketing sales calls of such telemarketer[.];
    12    l. "Caller identification information" means information provided by a
    13  caller identification service regarding the telephone number and name of
    14  the person calling; and
    15    m. "Caller identification service" means a service that allows a tele-
    16  phone  subscriber  to  have  the telephone number, and, where available,
    17  name of the calling party transmitted contemporaneously with  the  tele-
    18  phone  call,  and displayed on a device in or connected to the subscrib-
    19  er's telephone.
    20    § 2. Section 399-z of the general business law is amended by adding  a
    21  new subdivision 2-a to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14108-06-6
        A. 9457--A                          2
     1    2-a.  It shall be unlawful for any telemarketer or seller to cause any
     2  caller identification service to knowingly transmit misleading,  inaccu-
     3  rate, or false caller identification information, provided that it shall
     4  not be a violation to substitute (for the name and phone number used in,
     5  or  billed  for,  making  the  call) the name or telephone number of the
     6  person or seller on behalf of which a telemarketing call is placed.
     7    § 3. Subdivision 2 of section 399-pp of the general  business  law  is
     8  amended by adding two new paragraphs n and o to read as follows:
     9    n. "Caller identification information" means information provided by a
    10  caller identification service regarding the telephone number and name of
    11  the person calling.
    12    o. "Caller identification service" means a service that allows a tele-
    13  phone  subscriber  to  have  the telephone number, and, where available,
    14  name of the calling party transmitted contemporaneously with  the  tele-
    15  phone  call,  and displayed on a device in or connected to the subscrib-
    16  er's telephone.
    17    § 4. Section 399-pp of the general business law is amended by adding a
    18  new subdivision 7-a to read as follows:
    19    7-a. Unlawful transmission of certain caller  identification  informa-
    20  tion.  It  shall be unlawful for any telemarketer or seller to cause any
    21  caller identification service to knowingly transmit misleading,  inaccu-
    22  rate, or false caller identification information, provided that it shall
    23  not be a violation to substitute (for the name and phone number used in,
    24  or  billed  for,  making  the  call) the name or telephone number of the
    25  person or seller on behalf of which a telemarketing call is placed.
    26    § 5. This act shall take effect immediately.