What's happening
This bill increases fines for telemarketers who transmit misleading or false caller ID information, with exemptions for law enforcement and domestic violence safety.
Why it matters
Significantly higher financial risk for violators. By raising the fine for transmitting misleading or false caller ID information from $11,000 to $25,000 per offense, the bill aims to provide a much stronger deterrent against deceptive telemarketing practices, potentially reducing the number of scam or fraudulent calls New Yorkers receive.
Broader definition of illegal caller ID practices. The bill clarifies and expands what constitutes misleading caller ID information, explicitly including the use of copied or incorrect telephone numbers. This could close loopholes previously exploited by telemarketers to mask their identity.
Targeted exemptions for safety and law enforcement. By exempting calls placed by law enforcement and organizations helping domestic violence victims, the bill recognizes situations where disguising caller ID is necessary for safety, thus balancing consumer protection with the needs of vulnerable individuals and public safety agencies.
Potential for increased enforcement activity. With higher fines and clearer definitions of violations, state authorities may be more likely to pursue enforcement actions, which could encourage greater compliance among telemarketers and sellers operating in New York.
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Who cares
Headline styles
Increase Telemarketer Fines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
793
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to establishing a fine for knowingly transmitting misleading, inaccurate, or false caller identification information and raising the maximum fine for other related violations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2-a and paragraph a of subdivision 12 of section 399-z of the general business law, subdivision 2-a as amended by chapter 18 of the laws of 2017, paragraph a of subdivision 12 as amended by chapter 369 of the laws of 2012, are amended to read as follows:
2-a. It shall be unlawful for any telemarketer or seller to knowingly cause any caller identification service to transmit misleading, inaccurate, or false caller identification information, including but not limited to copied or incorrect telephone numbers, provided that it shall not be a violation to substitute (for the name and phone number used in, or billed for, making the call) the name or telephone number of the person or seller on behalf of which a telemarketing call is placed. A violation of this subdivision shall result in a twenty-five thousand dollar fine for each offense. This subdivision shall not apply to telephone calls placed by law enforcement or telephone calls placed by an individual or organization that has deliberately disguised such information to ensure the safety and welfare of individuals affected by domestic violence.
a. Where it is determined after hearing that any person has violated one or more provisions of this section, the secretary, or any person deputized or so designated by him or her may assess a fine not to exceed [eleven] twenty-five thousand dollars for each violation.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06116-01-9
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 establishing a fine for knowingly transmitting misleading, inaccurate, or false caller identification information and raising the maximum fine for other related violations
Purpose or general idea of bill
Relates to increasing fines for certain telemarketing violations
Summary of provisions
Section one amends subdivision 2-a and paragraph a of subdivision 12 of section 399-z of the general business law, subdivision 2-a as amended by chapter 18 of the laws of 2017, paragraph a of subdivision 12 as amended by chapter 369 of the laws of 2012 to declare it unlawful for a tele- marketer to knowingly cause any caller identification service to trans- mit misleading, inaccurate, or false caller identification information including but not limited to copied or incorrect telephone numbers. Violation of this subdivision shall result in a twenty-five thousand dollar fine for each offense.
Sections two provides the effective date.
Justification
Telemarketers have gone to great lengths to trick people into buying their products. With the advancement of technology, these scammers use a number of desperate methods in order to get people to answer their phone calls. Using a blocked number or a copied number with an area code near you making it look like a local call are just a couple of sophisticated ways a telemarketer uses technology to manipulate the public into answering their phone. Because a number of people give out personal phone numbers for work, this presents an issue trying to weed out tele- marketers from actual business, causing frustration and annoyance throughout ones workday. This bill attempts to remedy this issue by requiring telemarketers to display their true telephone number allowing you to weed out unsolicited phone calls.
Prior legislative history
New Bill.
Fiscal implications for state and local governments
None.
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.