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No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4581
Title of bill
An act to amend the general business law, in relation to pre-recorded political messages
Purpose of bill
This bill would require companies that are in the business of placing robocalls to ask via a live operator whether the consumer would like to listen to the pre-recorded message. In addition, the Attorney-General would be given jurisdiction to investigate companies in this business.
Summary of provisions of bill
A new subdivision 7 is added to the General Business law prohibiting a person or political committee from delivering via an automatic dialing-announcing device a pre-recorded political message unless a live operator' has first received the consent of the caller to actually listen to said message.
The bill references the definition of political committee contained within the election law as well as the definition of automatic dialing-announcing device currently in the GBL.
In addition, companies engaging in this business would be required to file a copy of any script as well as schedules with the New York State Board of Elections.
The State Attorney-General would also be given jurisdiction to investigate potential violations.
Justification
Telephone customers are receiving an ever increasing number of robocalls each year. The Federal Trade Commission now receives over 200,000 complaints about robocalls each month. However, neither federal or state law have adequate disclosure requirements regarding robocall initiators.
This bill would regulate the business of robocalls that many candidates rely upon but which many consumers loathe. Specifically, the bill would require companies to utilize a live operator to greet the consumer and ask if he or she would like to listen to the pre-recorded message. If the voter acquiesces then the caller would be connected to the message.
Currently, fourteen states have regulated the business of robocalls. In addition, state courts as well as federal courts have found statutes such as this to be constitutional so long as they are not overly broad.
Legislative history
New Bill.
Fiscal implications for state and local governments
None to the State or local municipalities.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.