S T A T E   O F   N E W   Y O R K
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                                  7957

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2013
                               ___________

Introduced  by  M.  of  A. COOK -- Multi-Sponsored by -- M. of A. AUBRY,
  HOOPER, WRIGHT -- read once and referred to the  Committee  on  Corpo-
  rations, Authorities and Commissions

AN  ACT  to  amend  the  public  service law, in relation to prohibiting
  certain telephone solicitation calls

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

  Section  1.  The public service law is amended by adding a new section
92-g to read as follows:
  S 92-G. TELEPHONE SOLICITATION CALLS PROHIBITED DURING CERTAIN  HOURS.
1.  AS  USED IN THIS SECTION THE TERM: (A) "TELEPHONE SOLICITATION CALL"
SHALL MEAN A CALL OR MESSAGE TO A RESIDENTIAL TELEPHONE CUSTOMER FOR THE
PURPOSE OF SOLICITING A PURCHASE, LEASE, OR RENTAL OF, OR INVESTMENT IN,
OR CONTRACT OR EXTENSION OF CREDIT FOR GOODS, SERVICES OR  PROPERTY,  OR
FOR  THE  PURPOSE  OF OBTAINING INFORMATION FOR SUCH PURPOSES. SUCH TERM
SHALL NOT INCLUDE A CALL MADE TO A  RESIDENTIAL  TELEPHONE  CUSTOMER  IN
RESPONSE  TO  AN INQUIRY OR INVITATION, BASED ON AN ESTABLISHED BUSINESS
RELATIONSHIP, OR AFTER RECEIPT OF EXPRESS PERMISSION.
  (B) "PERSON" SHALL MEAN ANY INDIVIDUAL, FIRM,  ORGANIZATION,  PARTNER-
SHIP,  ASSOCIATION,  CORPORATION  OR  OTHER BUSINESS ENTITY.   SUCH TERM
SHALL NOT INCLUDE ANY NON-PROFIT ORGANIZATION.
  2. NO PERSON SHALL PLACE A TELEPHONE  SOLICITATION  CALL  BETWEEN  THE
HOURS OF EIGHT P.M. AND EIGHT A.M.
  3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,
TO  ENJOIN  AND  RESTRAIN  THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT
SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR  JUSTICE,  THAT  THE
DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS  SECTION AN INJUNCTION MAY BE
ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND  RESTRAINING  ANY  FURTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06585-01-3
              

A. 7957                             2

VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE  LAW  AND  RULES, AND DIRECT RESTITUTION.  WHENEVER THE COURT SHALL
DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE  COURT  MAY
IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS PER CALL, UP
TO A TOTAL OF NOT MORE THAN TWENTY THOUSAND DOLLARS, FOR CALLS PLACED IN
VIOLATION  OF  THIS SECTION WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD.
IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTORNEY  GENERAL
IS  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE RELEVANT
FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRACTICE  LAW
AND RULES.
  4.  IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS RECEIVED A  TELEPHONE  CALL
IN  VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES OR FIVE HUNDRED DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
SUCH  ACTIONS.  THE  COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF
DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES OR ONE
THOUSAND FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER, IF THE COURT  FINDS
THE  DEFENDANT  WILLFULLY  OR KNOWINGLY VIOLATED THIS SECTION. THE COURT
MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.