What's happening
This bill prohibits telemarketers from making unsolicited sales calls to people in areas under a declared state of emergency or disaster in New York.
Why it matters
Protects vulnerable residents during crises. by stopping telemarketing sales calls in regions facing emergencies or disasters, reducing potential exploitation or added stress for people already dealing with urgent circumstances.
Targets both state and local emergencies. , meaning the restriction applies not only to statewide disasters, but also to specific counties, cities, towns, or villages under official emergency declarations—ensuring broad coverage.
Increases consumer privacy and safety. at critical times, as it prevents unwanted commercial interruptions when residents may need to focus on essential information or communication related to the emergency.
Creates clear legal consequences for telemarketers. , establishing explicit rules that help enforcement agencies hold violators accountable if they target affected areas during declared emergencies.
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Who cares
Headline styles
Stop Telemarketing During Emergencies
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by A117A
- Amended on third reading (t) 4020a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.549
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Telemarketing During Emergencies
Signed by Governor · Sponsor David Buchwald
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4020--A Cal. No. 549
2019-2020 Regular Sessions
IN SENATE
February 25, 2019
Introduced by Sen. THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the general business law, in relation to prohibiting telemarketers from knowingly placing unsolicited telemarketing sales calls during a state of emergency or disaster emergency
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 399-z of the general business law is amended by adding a new subdivision 5-a to read as follows:
5-a. It shall be unlawful for any telemarketer doing business in this state to knowingly make an unsolicited telemarketing sales call to any person in a county, city, town or village under a declared state of emergency or disaster emergency as described in sections twenty-four or twenty-eight of the executive law.
§ 2. Subdivision 7 of section 399-pp of the general business law is amended by adding a new paragraph f to read as follows:
f. knowingly make an unsolicited telemarketing sales call to any person in a county, city, town or village under a declared state of emergency or disaster emergency as described in sections twenty-four or twenty-eight of the executive law.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01070-03-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to prohibiting telemarketers from knowingly placing unsolicited telemarketing sales calls during a state of emergency or disaster emergency
Purpose or general idea of bill
To make unlawful for any telemarketer to knowingly make an unsolicited telemarketing sales call during a declared state of emergency
Summary of provisions
Section 1 amends section 399-z of the General Business Law by adding a new subdivision 5-a that makes it unlawful for a telemarketer to know- ingly make an unsolicited sales call during a declared state of emergen- cy.
Section 2 amends subdivision 7 of section 399-p of the General Business Law to reiterate the prohibition in section one.
Section 3 provides the effective date.
Justification
During periods of states of emergency caused by natural or other disas- ters, it is important for residents to have open lines of communication to the outside world. Especially in situations where a resident has no power, these lines of communication should remain open so that the resi- dent can receive emergency notifications as well as calls from family. Restricting telemarketing sales calls during these times will ensure that someone is not bothered by such calls thereby keeping them alert and focused on the immediate situation and keeping the lines of communi- cation open. It should be noted that this legislation only affects tele- marketing sales calls, not automated calls from utility companies providing information rather than sales pitches.
Fiscal implications
None
Impact on regulation of businesses and individuals
Minimal impact on businesses engaged in telemarketing.
Impact on fines, terms of imprisonment and other penal sanctions
None.
Legislative history
2018: A.11087 (Buchwald) - Referred to Consumer Affairs and Protection
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.