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NY S04460
Bill
Status
3/20/2015
Primary Sponsor
Joseph Griffo
Click for details
AI Summary
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Prohibits businesses conducting business in New York from transmitting unsolicited text message advertisements to cellular telephones or pagers without prior consent
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Exempts text messages from cellular service providers and their affiliates when the recipient has given specific, separate written consent to receive messages from that business or affiliate
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Authorizes the Attorney General to seek injunctions against violators and impose civil penalties of up to $2,000 per text message, capped at $20,000 per 72-hour period
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Grants individuals who receive unlawful text messages the right to sue for actual damages or $50 (whichever is greater), with potential treble damages up to $1,000 for willful violations and recovery of attorney's fees
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Applies the restrictions to all business corporations organized under New York law and foreign corporations qualified to do business in the state; effective 90 days after enactment
Legislative Description
Prohibits the transmission of unsolicited advertising text messages to cellular telephones or pagers; makes an exception for providers of such services and their affiliates who have permission; provides for enforcement by the attorney general and a private right of action.
Last Action
COMMITTED TO RULES
6/17/2016