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History
- Referred to consumer protection
- Referred to consumer protection
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BILL NUMBER:S451
Title of bill
An act to amend the general business law, in relation to the distribution of circular advertisements
Purpose or general idea of the bill
The purpose of this legislation is to create a "Do Not Circulate Registry" regarding the delivery of unsolicited advertising materials to consumers.
Summary of provisions
Section 1 of the bill amends the general business law by adding a new section 397-b to create a "Do Not Circulate Registry". The bill creates a registry which shall contain a list of consumers who do not wish to receive unsolicited circular deliveries and which is updated quarterly. No advertisers may make or cause to be made any unsolicited circular deliveries to any consumer whose information has been posted to the registry. The department of state shall provide notice to advertisers of the registry and all registry updates. Persons who violate the law will be subject to a $200 to $400 fine for a first offense, and for a second offense within 30 days be liable to a fine of $500 to $1,000, and for a third and subsequent offenses within 30 days be liable for a fine of $1,000 to $2,000.
Section 2 of the bill sets forth an effective date of one hundred and twenty days after it shall have become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Justification
On a daily basis consumers are bombarded with unwanted circular advertisements, which are left strewn on their doorsteps, front lawns and driveways.
For the same reasons which led to the creation of the "Do Not Call" registry, the time has come to create a "Do Not Circulate" registry whereby property owners choose to register their names and stop the unwanted delivery of circular advertisements. Consumers will be able place their names on a registry maintained by the Department of State, which will be made available to advertisers. Advertisers will then be prohibited from making any unsolicited circular deliveries to any consumer who has placed their personal information on the registry.
The Department of State will maintain the registry and set forth the means by which the registry will be updated and made available to advertisers. In addition, the legislation will only prohibit the delivery of unsolicited circulars and will not prohibit the delivery of circulars requested by consumers or those that are delivered in connection with an established business or customer relationship, i.e., newspaper subscriptions.
Legislative history
2011-12: S.7179
Fiscal implications
None.
Effective date
This act shall take effect one hundred and twenty days after it shall have become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.