Bill Text: NY S07713 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that a business entity may not provide false caller identification with the intent to defraud or harass any party; provides definition of business entity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-04 - REFERRED TO CONSUMER PROTECTION [S07713 Detail]

Download: New_York-2009-S07713-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7713
                                   I N  S E N A T E
                                      May 4, 2010
                                      ___________
       Introduced  by  Sen.  C. JOHNSON  -- 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 and the civil practice law  and
         rules,  in relation to prohibiting business entities from transmitting
         false caller identification information with the intent to defraud  or
         harass any person
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  399-ppp to read as follows:
    3    S 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION
    4  INFORMATION. 1. IT SHALL BE UNLAWFUL FOR ANY BUSINESS ENTITY WITHIN  THE
    5  STATE,  IN  CONNECTION  WITH  ANY  TELECOMMUNICATIONS  SERVICE  OR  VOIP
    6  SERVICE, TO CAUSE ANY CALLER IDENTIFICATION SERVICE  TO  TRANSMIT  FALSE
    7  CALLER IDENTIFICATION INFORMATION, WITH THE INTENT TO DEFRAUD OR HARASS,
    8  WHEN MAKING A CALL TO ANY PERSON WITHIN THE STATE.
    9    2. FOR PURPOSES OF THIS SECTION:
   10    (A)  "BUSINESS  ENTITY" MEANS A CORPORATION, ASSOCIATION, PARTNERSHIP,
   11  LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR OTHER  LEGAL
   12  ENTITY.
   13    (B)  "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED TO
   14  AN END USER BY A CALLER IDENTIFICATION SERVICE REGARDING  THE  TELEPHONE
   15  NUMBER  OF,  OR  OTHER  INFORMATION REGARDING THE ORIGINATION OF, A CALL
   16  MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE.
   17    (C) "CALLER  IDENTIFICATION  SERVICE"  MEANS  ANY  SERVICE  OR  DEVICE
   18  DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE
   19  NUMBER  OF,  OR  OTHER  INFORMATION REGARDING THE ORIGINATION OF, A CALL
   20  MADE USING A TELECOMMUNICATIONS  SERVICE  OR  VOIP  SERVICE.  SUCH  TERM
   21  INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES.
   22    (D) "VOIP SERVICE" MEANS A SERVICE THAT:
   23    (I)  PROVIDES  REAL-TIME  VOICE COMMUNICATIONS TRANSMITTED THROUGH END
   24  USER EQUIPMENT USING TCP/IP PROTOCOL, OR A SUCCESSOR PROTOCOL, FOR A FEE
   25  OR WITHOUT A FEE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00314-11-0
       S. 7713                             2
    1    (II) IS OFFERED TO THE PUBLIC, OR SUCH  CLASSES  OF  USERS  AS  TO  BE
    2  EFFECTIVELY  AVAILABLE  TO  THE  PUBLIC  (WHETHER  PART  OF  A BUNDLE OF
    3  SERVICES OR SEPARATELY); AND
    4    (III) HAS THE CAPABILITY TO ORIGINATE TRAFFIC TO, OR TERMINATE TRAFFIC
    5  FROM, THE PUBLIC SWITCHED TELEPHONE NETWORK.
    6    4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
    7  MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
    8  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
    9  INJUNCTION,  AND UPON NOTICE TO THE DEFENDANT, TO IMMEDIATELY ENJOIN AND
   10  RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL  APPEAR  TO
   11  THE  SATISFACTION  OF  THE  COURT  OR JUSTICE, BY A PREPONDERANCE OF THE
   12  EVIDENCE, THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED  THIS  SECTION  AN
   13  INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE  ENJOINING AND
   14  RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
   15  PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. THE COURT MAY MAKE
   16  ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
   17  SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
   18  TICE LAW AND RULES. IN ADDITION TO ANY SUCH ALLOWANCES,  THE  COURT  MAY
   19  DIRECT  RESTITUTION TO ANY VICTIM UPON A SHOWING OF DAMAGES BY A PREPON-
   20  DERANCE OF THE EVIDENCE.  IN ADDITION TO ANY SUCH RESTITUTION,  WHENEVER
   21  THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,
   22  THE  COURT  MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TWO THOUSAND
   23  DOLLARS PER CALL, UP TO A TOTAL AGGREGATE AMOUNT OF NOT  MORE  THAN  ONE
   24  HUNDRED  THOUSAND  DOLLARS,  FOR  ALL  CALLS PLACED IN VIOLATION OF THIS
   25  SECTION WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION  WITH
   26  ANY  SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO
   27  TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND  TO  ISSUE
   28  SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   29    5.  IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
   30  PURSUANT TO THIS SECTION, ANY PERSON WHOSE CALLER IDENTIFICATION  INFOR-
   31  MATION  WAS  USED  IN CONNECTION WITH A VIOLATION OF THIS SECTION OR WHO
   32  HAS RECEIVED A TELEPHONE CALL IN VIOLATION OF THIS SECTION MAY BRING  AN
   33  ACTION  IN  HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE,
   34  AN ACTION TO RECOVER THE GREATER OF (A) HIS OR HER  ACTUAL  DAMAGES,  OR
   35  (B)  AN  AMOUNT EQUAL TO NOT MORE THAN FIVE HUNDRED DOLLARS PER CALL, UP
   36  TO A TOTAL AGGREGATE  AMOUNT  OF  NOT  MORE  THAN  TWENTY-FIVE  THOUSAND
   37  DOLLARS  FOR  ALL  CALLS  PLACED  IN  VIOLATION OF THIS SECTION WITHIN A
   38  CONTINUOUS SEVENTY-TWO HOUR PERIOD; OR BOTH SUCH ACTIONS.  THE COURT MAY
   39  AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   40    S 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac-
   41  tice law and rules, as amended by chapter 530 of the laws  of  2002,  is
   42  amended to read as follows:
   43    6. to the plaintiffs in an action or proceeding brought by the [attor-
   44  ney-general] ATTORNEY GENERAL under [articles] ARTICLE twenty-two, twen-
   45  ty-two-A,  twenty-three-A or thirty-three or section three hundred nine-
   46  ty-one-b, THREE HUNDRED NINETY-NINE-PPP, or five hundred twenty-a of the
   47  general business law, or under subdivision twelve of section sixty-three
   48  of the executive law, or under article  twenty-three  of  the  arts  and
   49  cultural  affairs  law,  or  in  an  action or proceeding brought by the
   50  [attorney-general]  ATTORNEY  GENERAL  under  applicable   statutes   to
   51  dissolve  a  corporation or for usurpation of public office, or unlawful
   52  exercise of franchise or of corporate right, a  sum  not  exceeding  two
   53  thousand dollars against each defendant.
   54    S  3.  This  act  shall take effect on the sixtieth day after it shall
   55  have become a law.