This bill has been amended

Bill S3751-2013

Enacts the "voter privacy act" to included political calls in the no telemarketing sales calls statewide registry

Enacts the "voter privacy act" to include political calls in the no telemarketing sales calls statewide registry.

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  • Feb 13, 2013: REFERRED TO CONSUMER PROTECTION

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 receiving 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


Text

STATE OF NEW YORK ________________________________________________________________________ 3751 2013-2014 Regular Sessions IN 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
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.

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