S3751-2013 Actions

• Feb 13, 2013: REFERRED TO CONSUMER PROTECTION

S3751-2013 Memo

BILL NUMBER:S3751

TITLE OF BILL:  An act to amend the general business law, in relation to
enacting the "voter privacy act" to include political calls in the no
telemarketing sales calls statewide registry

PURPOSE: Provides for enacting the "voter privacy act"

SUMMARY OF PROVISIONS:

Section 1 - This act shall be known at the "voter privacy act".

Section 2 - Amends paragraph (c) and (d) of subdivision 1 of section
399-p of the general business law, as amended by chapter 581 of the laws
of 1992

Section 3 - Amends paragraph c and j of subdivision 1 of section 399-z
of the general business law, as amended by chapter 369 of the laws of
2012.

Section 4 - Effective date

JUSTIFICATION:  This bill would permit individuals to opt out of receiv-
ing political calls by including those calls in the no telemarketing
sales calls statewide registry.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS:  None to the state as registry already exists.

EFFECTIVE DATE: Immediately

S3751-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3751
 2013-2014 Regular Sessions
 I N  SENATE
 February 13, 2013
 
 Introduced  by  Sens.  DeFRANCISCO, BOYLE, LARKIN, MARTINS -- 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  enacting  the
 "voter privacy act" to include political calls in the no telemarketing
 sales calls statewide registry
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. This act shall be known and may  be  cited  as  the  "voter
 privacy act".
 

S  2.  Paragraphs (c) and (d) of subdivision 1 of section 399-p of the
 general business law, as amended by chapter 581 of the laws of 1992, are
 amended to read as follows:

 (c) "consumer" means a natural person who is  solicited  to  purchase,
 lease  or  receive  a  good or service for personal, family or household
 use, OR WHO IS SOLICITED TO SUPPORT A CANDIDATE FOR PUBLIC OFFICE, OR  A
 POLITICAL POSITION, ISSUE OR CAUSE;
 (d)  "consumer telephone call" means a call made to a telephone number
 by a telephone solicitor, whether  by  device,  live  operator,  or  any
 combination thereof, for the purpose of soliciting a sale of any consum
 er  goods  or services for personal, family or household purposes to the
 consumer called, or for the purpose of soliciting an extension of credit
 for consumer goods or services  to  the  consumer  called,  or  for  the
 purpose of obtaining information that will or may be used for the direct
 solicitation  of  a  sale  of consumer goods or services to the consumer
 called or an extension of credit for such purposes, OR FOR  THE  PURPOSE
 OF  PROMOTING  A  CANDIDATE  FOR PUBLIC OFFICE, OR A POLITICAL POSITION,
 ISSUE OR CAUSE; provided, however, that "consumer telephone call"  shall
 not include a call made by a telephone corporation, as defined by subdi
 vision  seventeen  of section two of the public service law, in response
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07813-01-3
 
       S. 3751                             2
 to a specific inquiry initiated by a consumer regarding that  consumer's
 existing or requested telephone service; and
 

S  3.  Paragraphs  c  and  j  of subdivision 1 of section 399-z of the
 general business law, as amended by chapter 369 of the laws of 2012, are
 amended to read as follows:

 c. "Customer" means any natural person who is a resident of this state
 and who is or may be required to pay for or  to  exchange  consideration
 for goods and services offered through telemarketing, OR WHO IS SOLICIT
 ED  TO  SUPPORT  A CANDIDATE FOR PUBLIC OFFICE, OR A POLITICAL POSITION,
 ISSUE OR CAUSE;
 j. "Telemarketing sales call" means a telephone call made by  a  tele
 marketer or by any outbound telephone calling technology that delivers a
 prerecorded  message  to  a  customer  or  to  a customer's voicemail or
 answering machine service for the purpose of  inducing  payment  or  the
 exchange  of  any  other consideration for any goods or services, OR FOR
 THE PURPOSE OF PROMOTING A CANDIDATE FOR PUBLIC OFFICE, OR  A  POLITICAL
 POSITION, ISSUE OR CAUSE;
 

S 4. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!