Bill Text: NY S08182 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires telemarketers to provide certain information no later than the first thirty seconds of the commencement 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: (Introduced) 2024-06-05 - SUBSTITUTED BY A7939B [S08182 Detail]

Download: New_York-2023-S08182-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8182--B

                    IN SENATE

                                    January 11, 2024
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on  Consumer  Protection
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted  to  said  committee  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the general business law, in relation to requiring tele-
          marketers to provide certain information no later than thirty  seconds
          from  the  commencement  of  a  call  and  requiring  telemarketers to
          disclose their address online and in written communication to  custom-
          ers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph of subdivision 2 of section 399-z  of
     2  the general business law, as amended by chapter 660 of the laws of 2022,
     3  is amended to read as follows:
     4    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] their express
     7  consent to the call at a different time. Telemarketers shall provide, in
     8  a clear and coherent manner using words with common and  everyday  mean-
     9  ings,  at  the  beginning    but  no  later than thirty seconds from the
    10  commencement of the call of each telemarketing sales  call  all  of  the
    11  following  information, provided that the information set forth in para-
    12  graphs a and b of this subdivision shall be given to the customer first:
    13    § 2. The opening paragraph of subparagraph 1 of paragraph b of  subdi-
    14  vision  6  of  section 399-pp of the general business law, as amended by
    15  chapter 239 of the laws of 2017, is amended to read as follows:
    16    at the beginning but no later than thirty seconds from  the  commence-
    17  ment  of the call and prior to any request by the caller of the customer
    18  to release or disclose any  of  the  customer's  personal  or  financial
    19  information, including but not limited, to the customer's name, address,
    20  credit  card,  checking  account  or  other  financial account number or
    21  information:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11934-06-4
        S. 8182--B                          2

     1    § 3. Section 399-pp of the general business law is amended by adding a
     2  new subdivision 10-b to read as follows:
     3    10-b.  A  telemarketer  shall  disclose  the address of any company on
     4  whose behalf such telemarketer is providing telemarketing  services,  on
     5  any  website owned or operated by the telemarketer and on any subsequent
     6  written communication to any customer.
     7    § 4. This act shall take effect immediately.