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NY A08839

Bill

Status

Passed

8/13/2010

Primary Sponsor

Marc Alessi

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Establishes telemarketing hours between 8:00 A.M. and 9:00 P.M. local time unless consumer gives express consent for different times, with telemarketers required to provide name, purpose, and service identity at call beginning.

  • Requires telemarketers to disclose full costs of goods or services and, for negative option features, material terms including billing dates and specific steps to cancel before purchase.

  • Authorizes the Consumer Protection Board to establish a statewide no telemarketing sales calls registry or use the federal "do-not-call" registry, with authority to transfer New York customer telephone numbers to the national registry.

  • Prohibits telemarketing calls to numbers on the national "do-not-call" registry for thirty-one days prior to the call date and allows the Board to request documents and issue subpoenas to investigate violations.

  • Sets maximum fine of $11,000 per violation after hearing and removes liability protection for violations resulting from mere error, while retaining liability exemption for those with compliant policies, training, and records.

Legislative Description

Provides for enhanced consumer protection measures and enforcement of the do-not-call registry; limits telemarketing to 8 am to 9 pm local time unless given express permission by the consumer to contact at a different time.

Last Action

signed chap.344

8/13/2010

Committee Referrals

Consumer Affairs and Protection3/11/2010
Rules6/22/2009
Codes6/16/2009
Consumer Affairs and Protection6/11/2009

Full Bill Text

No bill text available