What's happening
This bill increases penalties for certain violations related to pre-recorded telephone messages under New York's general business law.
Why it matters
Raises maximum penalties for certain violations. The bill specifically increases the civil penalty for violations of paragraph (b) of subdivision three or subdivision five of the law, allowing courts to impose fines up to $50,000—substantially higher than the $20,000 cap for some other violations.
Targets more serious or egregious robocall conduct. By distinguishing between types of violations and assigning higher penalties to certain actions, the bill signals that some forms of pre-recorded message abuse are considered especially harmful or persistent, justifying tougher financial consequences.
Enhances deterrence for businesses and telemarketers. The steeper fines are likely intended to discourage companies from flouting the law, making the cost of non-compliance significantly higher and potentially reducing the volume of unwanted or unlawful robocalls.
Expands enforcement tools for the Attorney General. The legislation clarifies and strengthens the Attorney General’s ability to seek higher penalties and restitution in court, providing more leverage to protect consumers from intrusive or unlawful pre-recorded telephone messages.
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Who cares
Headline styles
Increase Robocall Hang-Up Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Ordered to third reading cal.364
- Ordered to third reading rules cal.53
- Rules report cal.53
- Reported
- Reported referred to rules
- Reported referred to codes
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5221
2017-2018 Regular Sessions
IN ASSEMBLY
February 7, 2017
Introduced by M. of A. DINOWITZ, WEPRIN -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the termination of pre-recorded telephone messages
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 8 of section 399-p of the general business law, as amended by chapter 176 of the laws of 1998, is amended to read as follows:
8. Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice, that the defendant has, in fact, violated this section an injunction may be issued by such court or justice enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of paragraph (a) of subdivision three[,] or subdivision four [or five] of this section has occurred, the court may impose a civil penalty of not more than two thousand dollars per call, up to a total of not more than twenty thousand dollars, for calls placed in violation of such subdivisions within a continuous seventy-two hour period. Whenever the court shall determine that a violation of paragraph (b) of subdivision three or subdivision five of this section has occurred, the court may impose a civil penalty of up to fifty thousand dollars. Whenever the court shall determine that a violation of subdivi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03596-01-7
A. 5221 2
sion six of this section, or a violation of subdivision six-a of this section, has occurred, the court may impose a civil penalty of not more than two thousand dollars. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.