Bill Text: NY S01365 | 2009-2010 | General Assembly | Introduced

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Bill Title: Increases restrictions on the sending of unsolicited telefacsimile advertising, making such restrictions applicable to computer media; expands remedies for violations of such restrictions regarding the sending of unsolicited telefacsimile advertising by authorizing civil penalties and injunctive relief upon the application of the attorney general.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S01365 Detail]

Download: New_York-2009-S01365-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1365
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 29, 2009
                                      ___________
       Introduced  by  Sens. DILAN, ADAMS, BRESLIN, DIAZ, DUANE, HASSELL-THOMP-
         SON, HUNTLEY, C. JOHNSON, KRUEGER, MONTGOMERY, ONORATO, PARKER,  SAMP-
         SON,  SCHNEIDERMAN,  STAVISKY  --  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  increasing
         restrictions  on  the sending of unsolicited telefacsimile promotional
         messages and expanding the scope of remedies for violations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 396-aa of the general business law, as amended by
    2  chapter 393 of the laws of 2008, is amended to read as follows:
    3    S 396-aa. Unsolicited telefacsimile advertising. 1. It shall be unlaw-
    4  ful for a person, corporation, partnership or  association  to  initiate
    5  the  unsolicited  transmission of telefacsimile messages promoting goods
    6  or services for purchase by the recipient of such messages. For purposes
    7  of this section, "telefacsimile" shall mean every process in which elec-
    8  tronic signals are transmitted by telephone lines  for  conversion  into
    9  written  text,  WHETHER  TO  APPEAR  ON PAPER OR ON A COMPUTER SCREEN OR
   10  OTHER COMPUTER MEDIUM.  This section shall not  apply  to  telefacsimile
   11  messages  sent  to  a  recipient with whom the initiator has had a prior
   12  contractual or business  relationship.  Notwithstanding  the  above,  it
   13  shall  be  unlawful to initiate any telefacsimile message to a recipient
   14  who has previously clearly indicated to the  initiator  by  any  verbal,
   15  TELEPHONIC, written or electronic means that the recipient does not want
   16  to receive telefacsimile messages from the initiator.
   17    2.  Every  unsolicited telefacsimile message sent to a recipient shall
   18  contain a notice that informs the recipient of the ability,  granted  by
   19  subdivision  one  of this section, to prevent the transmission of future
   20  unsolicited telefacsimile messages.  Such  notice  shall  be  clear  and
   21  conspicuous  and  on  the  first  page  of the telefacsimile message and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05017-01-9
       S. 1365                             2
    1  include a domestic contact telephone number and facsimile machine number
    2  for the recipient to transmit such a request to the initiator.
    3    If  neither  the required telephone number or facsimile machine number
    4  is a toll-free  number,  a  separate  cost-free  mechanism  including  a
    5  website  address or email address, for a recipient to transmit a request
    6  pursuant to such notice to the sender  of  the  message  shall  also  be
    7  provided.  A  local  telephone  number also shall constitute a cost-free
    8  mechanism so long as recipients are local and will not  incur  any  long
    9  distance  or  other  separate charges for calls made to such number. The
   10  telephone and facsimile numbers and cost-free  mechanism  identified  in
   11  the  notice  must  permit an individual or business to make a request to
   12  prevent the transmission of future  unsolicited  advertisements  twenty-
   13  four hours a day, seven days a week.
   14    3.  [Any  person  who  has  received  a  telefacsimile transmission in
   15  violation of this section may bring an action in his own name to recover
   16  his actual damages or one hundred dollars, whichever is greater.]  WHEN-
   17  EVER  THERE  SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE
   18  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE  STATE  OF
   19  NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEED-
   20  ING  TO  ISSUE  AN  INJUNCTION, AND UPON NOTICE TO THE RESPONDENT OF NOT
   21  LESS THAN FIVE DAYS, TO ENJOIN AND  RESTRAIN  THE  CONTINUANCE  OF  SUCH
   22  VIOLATIONS;  AND  IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
   23  JUSTICE THAT THE RESPONDENT HAS, IN  FACT,  VIOLATED  THIS  SECTION,  AN
   24  INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE, ENJOINING AND
   25  RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
   26  PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE COURT
   27  SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT
   28  MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR
   29  EACH VIOLATION. IN CONNECTION WITH ANY SUCH  APPLICATION,  THE  ATTORNEY
   30  GENERAL  IS  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE
   31  RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
   32  TICE LAW AND RULES.
   33    S 2. This act shall take effect on the ninetieth day  after  it  shall
   34  have become a law.