NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4456
SPONSOR: Bores TITLE OF BILL:
An act to amend the general business law, in relation to raising the
maximum fine for persons who violate the law regulating telemarketing
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to deter any would-be violators of the Do
Not Call registry.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the general business law by increasing the fine applied
to violators of the Do Not Call Registry to $20,000.
Section 2 sets the effective date.
JUSTIFICATION:
The Do Not Call Registry has been an effective tool in curbing the
number of unwanted calls most households receive from companies wishing
to solicit information or business. However, there are a number of
actors who are violating this law in the hopes of gaining business from
unwitting participants. This is a calculated decision they are making as
a part of their overall business model. Their calculus is that they will
earn more business by violating the law than they will lose in fines
from people reporting their misdeeds. This bill aims to further curb
these entities from violating the Do Not Call Registry by increasing the
fine per violation by almost double, thereby encouraging further compli-
ance with the law.
PRIOR LEGISLATIVE HISTORY:
2022: A0083 passed Assembly
2021: A0083 passed Assembly
2020: A0749 referred to Rules
2019: A0749 referred to Consumer Affairs
2017-2018: A3734 referred to Consumer Affairs
2015-2016: A9442 referred to Consumer Affairs
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4456
2023-2024 Regular Sessions
IN ASSEMBLY
February 15, 2023
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to raising the
maximum fine for persons who violate the law regulating telemarketing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 14 of section 399-z of the
2 general business law, as amended by chapter 572 of the laws of 2019, is
3 amended to read as follows:
4 a. Where it is determined after hearing that any person has violated
5 one or more provisions of this section, the secretary, or any person
6 deputized or so designated by him or her may assess a fine not to exceed
7 [eleven] twenty thousand dollars for each violation.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05489-01-3
