What's happening
This bill increases civil penalties for certain violations related to pre-recorded telephone messages under New York's general business law.
Why it matters
Substantially increases penalties for certain violations. The bill raises the maximum civil penalty for specific violations (paragraph (b) of subdivision three or subdivision five) related to pre-recorded telephone messages from $2,000 per call (with a $20,000 cap over 72 hours) to up to $50,000 per violation. This represents a significant escalation in potential financial consequences for violators.
Targets more serious or repeated offenses. By distinguishing between types of violations—imposing much higher penalties for some—the bill is designed to deter egregious or repeated misuse of pre-recorded calls, which are often associated with robocalls and telemarketing abuses.
Empowers the Attorney General and courts. The legislation gives the Attorney General more leverage to prosecute and seek higher penalties against those who violate consumer protection laws regarding pre-recorded calls, potentially leading to stronger enforcement and increased restitution for affected individuals.
Signals a tougher stance on consumer privacy. The increase in penalties reflects the state’s intent to prioritize consumer protection and privacy, aiming to reduce unwanted and intrusive communications, and may encourage businesses to adhere more strictly to telemarketing regulations.
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Who cares
Headline styles
Increase Robocall Hangup Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3302
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
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.
LBD01186-01-9
A. 3302 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.