Allows individuals to register their telefacsimile telephone numbers with the consumer protection board as part of the "do not call" statewide registry

Summary of provisions

Section 1: amends section 399-z of the general business law to amend the name of the registry to reflect the inclusion of fax numbers. The new name as designated by the bill would be the no telemarketing sales calls and telefacsimile advertising statewide registry. Subsection (k) defines "unsolicited telefacsimile advertisement" to mean any telefacsimile message that promotes goods and services for purchase by the recipient of such message, except when the recipient has a preexisting business relationship or contractual relationship with the initiator of the message. Subsection (m) defines "telefacsimile advertiser" to mean any person, corporation, partnership or association who initiates unsolicited telefacsimile advertisements.

Justification

Currently, section 396-aa of the General Business Law prohibits the sending of unsolicited telefacsimile advertisements during the work day. The law was created to prevent the annoying practice of marketers who advertise products via facsimile from tying up an individual's fax line and preventing business related facsimiles from being transmitted in a timely fashion. Therefore, the statute limits an unsolicited telefacsimile advertisement to 5 pages and restricts the time period during which such facsimiles may be received between 9 p.m. and 6a.m. local time. However, with the growth of technology, a large number of people are working from home offices. Therefore, the prohibitions that provide for receipt of these advertisements during non-working hours are no longer sufficient to protect the consumer working out of a home office. Thus, some individuals have complained that similar to the receipt of junk e-mail, the receipt of unsolicited telefacsimile advertisements are a tax on the consumer by forcing consumers to receive these advertisements at their own expense. The consumer must pay for the telephone time used in the transmission of these faxes, as well as, the office products, such as paper and toner, that these advertisements use. Since the current law restricts the transmission of these telefacsimile advertisements to non-working hours, many times people are awakened by the sound of a ringing fax machine in the middle of the night. To

rectify this situation, this legislation would allow individuals to submit their personal fax numbers for inclusion in the "do not call" list, making telefacsimile advertisers responsible to update their lists and remove registrants from their telefacsimile advertising lists in the same way that telemarketers are required to update their call lists. The "do not call" list has been extremely successful in reducing the number of annoying telemarketing calls received by a consumer. By amending this statute to include unsolicited telefacsimile advertisements, the registry will expand its protections further to reduce the number of unwanted intrusions into the consumers' homes.

Legislative history

2008 - 2010 Referred to Consumer Protection

Fiscal implications

Minimal to register new applicants.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of section one of this act on its effective date is authorized and directed to be made and completed on or before such effective date.