Increases the penalty for any person who violates the provision that a pre-recorded message must disconnect upon the caller hanging up the telephone

BILL NUMBER:A9542

Title of bill

An act to amend the general business law, in relation to the termination of pre-recorded telephone messages

Purpose Or General Idea Of Bill: The purpose of this bill is to protect consumers by increasing civil penalties for certain violations related to pre-recorded telephone messages initiated by automatic dialing devices.

Summary Of Specific Provisions: This bill would amend subdivision 8 of section 399-p of the General Business Law by increasing, from two thou- sand ($2,000) dollars per call, with a limit of up to twenty thousand ($20,000) total, to up to fifty thousand ($50,000) total, the civil penalty for violating the provision requiring that prerecorded telephone messages must disconnect upon the termination by the recipient of the call and the provision that no automation dialing device shall be used to call or place a call to an emergency telephone line.

Justification: Pre-recorded telephone messages are typically uninvited annoyances, which call recipients choose to terminate almost immediate- ly. Often, however, the connection is not severed and the pre-recorded message is not terminated when the call recipient hangs up, thus imped- ing the recipient's ability to make and receive wanted calls. The fail- ure to end these calls is often the result of special devices designed to prevent such termination.

Telephone calls initiated by automatic dialing devices to emergency telephone lines, such as a 911 line, fire department, or ambulance service can tie up these lines, potentially preventing individuals from contacting emergency service personnel.

This legislation would build upon the existing statute by discouraging these practices by providing meaningful penalties for violators of the requirement that pre-recorded telephone messages be disconnected upon the termination by the recipient of the call and the prohibition on the use of automatic dialing-announcing devices to call or place a call to an emergency telephone line.

Prior Legislative History: 2005-2006: A.10375-B 2007-2008: A.5970 2009: A.3164

Fiscal Implications For State And Local Governments: None.

Effective Date: Immediately.