Enacts the "do not offer statewide registry act"

BILL NUMBER:S2063

Title of bill

An act to amend the general business law and the state finance law, in relation to enacting the "do not offer statewide registry act"

Purpose

This bill enacts the "do not offer statewide registry act."

Summary of provisions

Section 1 dubs this bill the "do not offer statewide registry act."

Section 2 amends the general business law by adding a new section 399-ff. It defines terms within the scope of this legislation: board, customer, direct mail marketing, director, doing business in this state, goods and services, person, unsolicited direct mail marketing. The Consumer Protection Board will maintain a list of customers that do not wish to receive unsolicited direct mail marketing. After a customer registers, no direct mail marketer shall mail any unsolicited materials. Customers may register via toll-free telephone. Violators will be fined up to $1,000 for each infraction.

Section 3 amends subdivisions 2 and 3 of section 97-www of the state finance law. Fees collected in conjunction with this legislation shall be utilized for education activities promoting the "do not offer statewide registry."

Section 4 is the separability clause.

Section 5 enacts this bill on January 1, 2005.

Justification

Like the New York State and now federal "Do Not Call Registry," the "Do Not Offer Registry" puts the consumer in control and makes it easier to block unwanted solicitations via mail. Unsolicited direct mail marketing floods New Yorkers mail boxes with credit card offers, credit card checks, mortgage refinance offers, car insurance savings, and other unwanted junk mail. This legislation prevents our consumers from receiving these unwanted offers.

Fiscal implications

To be determined.

Effective date

This act shall take effect on January 1, 2012.