Assembly Bill A5488

2017-2018 Legislative Session

Relates to information for pre-recorded political messages

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A5488 (ACTIVE) - Details

See Senate Version of this Bill:
S4162
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §399-p, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4582
2015-2016: A6026, S2559
2019-2020: A5343
2021-2022: A1163

2017-A5488 (ACTIVE) - Summary

Relates to pre-recorded political messages; prohibits automatic dialing-announcing devices unless a live operator provides certain information in the first thirty seconds; provides recipient must be asked if he or she wants to listen to such call.

2017-A5488 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5488
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced  by  M.  of A. SEAWRIGHT, HARRIS -- read once and referred to
   the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   certain  information be provided before placing pre-recorded political
   messages

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (d) and (e) of subdivision 1 of section 399-p of
 the general business law, as amended by chapter 581 of the laws of 1992,
 are  amended  and  two  new  paragraphs (f) and (g) are added to read as
 follows:
   (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; provided, however,
 that "consumer telephone call" shall not include a call made by a  tele-
 phone corporation, as defined by subdivision 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]
   (e) "telephone solicitor" means a person who makes  or  causes  to  be
 made a consumer telephone call[.];
   (F)  "POLITICAL  COMMITTEE" SHALL HAVE THE SAME MEANING AS SUBDIVISION
 ONE OF SECTION 14-100 OF THE ELECTION LAW; AND
   (G) "PRE-RECORDED POLITICAL MESSAGE" SHALL MEAN A  PRE-RECORDED  AUDIO
 MESSAGE DELIVERED BY TELEPHONE THAT IS BY:

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

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