Requires telemarketers to provide certain information within the first thirty seconds of a call; requires telemarketers to disclose their address and the address of any company on whose behalf the telemarketer is providing telemarketing services on any website owned or operated by the telemarketer and in written communication to customers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7939
SPONSOR: Cunningham
 
TITLE OF BILL:
An act to amend the general business law, in relation to requiring tele-
marketers to provide certain information within the first thirty seconds
of a call and requiring telemarketers to disclose their address online
and in written communication to customers
 
PURPOSE OR GENERAL IDEA OF BILL:
To protect consumers from deceptive and intrusive telemarketing prac-
tices while promoting transparency and accountability in the telemarket-
ing industry.
 
SUMMARY OF PROVISIONS:
Section 1 states that telemarketers must provide, within the first 30
seconds of their sales, the purpose of the call and other information.
Section 2 requires telemarketers to disclose any request for personal or
financial information from the customer within the first 30 seconds of
their call.
Section 3 provides that telemarketers must disclose their address and
the address of the company they represent on their website and in any
written communication with customers.
Section 4 provides for an immediate effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
Telemarketing can pose substantial threats to the security of consumers,
and the industry is only growing. As a result of deceptive sales tactics
and pressure to make impulsive decisions, consumers may fall victim to
scams, identity theft, financial fraud, invasion of privacy, etc.
Further restrictions and regulation of telemarketers will help protect
consumers from deceptive practices. By requiring telemarketers to
provide essential information within the first thirty seconds of a call
and to disclose their address online, consumers will be better able to
make informed decisions and avoid falling prey to scams.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7939
2023-2024 Regular Sessions
IN ASSEMBLY
August 4, 2023
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring tele-
marketers to provide certain information within the first thirty
seconds of a call and requiring telemarketers to disclose their
address online and in written communication to customers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 399-z of the general business law,
2 as amended by chapter 660 of the laws of 2022, is amended to read as
3 follows:
4 2. No telemarketer or seller shall engage in telemarketing at any time
5 other than between 8:00 A.M. and 9:00 P.M. at the location of the
6 customer unless the customer has given his or her express consent to the
7 call at a different time. Telemarketers shall provide, in a clear and
8 coherent manner using words with common and everyday meanings, [at]
9 within the [beginning] first thirty seconds of each telemarketing sales
10 call all of the following information, provided that the information set
11 forth in paragraphs a and b of this subdivision shall be given to the
12 customer first:
13 § 2. Subparagraph 1 of paragraph b of subdivision 6 of section 399-pp
14 of the general business law, as amended by chapter 239 of the laws of
15 2017, is amended to read as follows:
16 (1) [at] within the [beginning] first thirty seconds of the call and
17 prior to any request by the caller of the customer to release or
18 disclose any of the customer's personal or financial information,
19 including but not limited, to the customer's name, address, credit card,
20 checking account or other financial account number or information:
21 § 3. Section 399-pp of the general business law is amended by adding a
22 new subdivision 10-b to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11934-01-3
A. 7939 2
1 10-b. A telemarketer shall disclose the address of such telemarketer,
2 and the address of any company on whose behalf such telemarketer is
3 providing telemarketing services, on any website owned or operated by
4 the telemarketer and on any subsequent written communication to any
5 customer.
6 § 4. This act shall take effect immediately.