What's happening
This bill requires phone service providers in New York to offer free call-blocking technology to customers and imposes fines for noncompliance.
Why it matters
Expands consumer protection. By requiring phone companies to offer free call-blocking technology, the bill aims to reduce unwanted robocalls and spam texts, helping consumers avoid scams, fraud, and harassment.
Empowers users with more control. Customers can request to block calls and texts from specific individuals at no cost, giving New Yorkers greater ability to manage their communications and privacy.
Holds providers accountable. Imposes a significant daily fine ($25,000 per day) on providers who fail to comply, creating a strong financial incentive for timely and thorough implementation.
Includes safeguards and flexibility. The law requires the commission to consider exceptions (e.g., for law enforcement or prior consent), address potential delays for good cause, and set up procedures to resolve instances where wanted calls are mistakenly blocked, balancing consumer protection with practical concerns.
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Who cares
Telephone service providers
Providers serving New York residents would have to offer free call mitigation technology and caller-specific call and text blocking upon request, with a $25,000 daily fine for failing to make the technology available.
New York telephone customers
Residents could request free tools to filter suspected autodialed calls and texts and block calls and texts from particular people.
Public Service Commission
The commission would have to impose fines and write implementation rules, including procedures for addressing wanted calls or texts that are blocked.
Law enforcement and public safety agencies
The required technology would have to let through calls or texts identified as coming from these entities.
Headline styles
Free Spam Blockers for Phones
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6018
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
AN ACT to amend the public service law, in relation to requiring telephone service providers to provide free call mitigation technology to certain telephone customers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public service law is amended by adding a new section 91-b to read as follows:
§ 91-b. Call mitigation technology. 1. A provider of telephone service, as defined in subdivision one of section ninety-two-e of this article, that provides telephone service to customers residing in the state shall make call mitigation technology available to any such customer, upon request, and at no additional charge. Such provider shall also offer to any such customer the ability to have the provider prevent calls and text messages identified as originating from a particular person from being completed to the called person, upon request, and at no additional charge. For purposes of this section, the term "call mitigation technology" shall mean technology that identifies an incoming call or text message as being, or as probably being, an autodialed call and, on that basis, blocks the call or message, diverts such call to the called person's answering system, or otherwise prevents such call from being completed to the called person, except that such technology permits a call or text so identified to be completed when such call is identified as being made by a law enforcement or public safety entity, or when such call is identified as originating from a caller with respect to whom the called person has provided prior express consent to receive such a call or message and has not revoked that consent.
2. The commission shall levy a fine in an amount equal to twenty-five thousand dollars for each day that a provider of telephone service fails
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11859-01-9
S. 6018 2
to make such call mitigation technology available to its customers in accordance with this section.
3. The commission shall prescribe regulations to implement the requirements of this section, including, if appropriate, a reasonable delay in requiring implementation and offering of call mitigation technology if for good cause, taking into account the consumer protection purposes of this section, and including procedures for addressing incidents in which a call or text message wanted by the customer is prevented from reaching the customer.
§ 2. This act shall take effect January 1, 2021. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to requiring tele- phone service providers to provide free call mitigation technology to certain telephone customers
Purpose or general idea of bill
To mandate that telecommunications companies provide free call miti- gation technology to their customers for the express purpose of prevent- ing fraudulent "spoofing" calls.
Summary of specific provisions
Section 1 mandates that telecommunications companies will provide a free technology intended to prevent "spoofed" calls from being made to their customers. It further details a $25,000 per day fine attributed to tele- communications companies that fail to implement this technology by the effective date.
Section 2 marks the effective date.
Justification
Unwanted phone calls originating from telemarketers or individuals seek- ing to defraud unwitting persons through "spoofing" is an ever increas- ing and significant issue throughout the state of New York, as well as the country. Technological advancements, coupled with society's acute interconnectivity, has allowed fraudsters to repeatedly take advantage of individuals who are not aware that they are being defrauded.
Though New York State - as well as the federal government - has made strides in mitigating unwanted telemarketing calls from through the Do Not Call Registry, nefarious calls emanating from outside of the state and country by persons seeking to gain personally by way of stealing from innocent, unsuspecting victims has not yet been blunted.
This bill puts the onus of dealing with these illegal phone calls squarely on shoulders of telecommunications providers. These calls are being routed through their company to their customers and they should be the ones who provide a free service to prevent these customers from being personally defrauded.
Prior legislative history
New Bill
Fiscal implications
None
Effective date
This act shall take effect January 1, 2021.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.