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NY A08839
Bill
Status
8/13/2010
Primary Sponsor
Marc Alessi
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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