Bill Text: NY A00675 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Limits robocalls to state residents and requires telephone service providers to offer free call mitigation technology to telephone customers.

Spectrum: Slight Partisan Bill (Democrat 40-14)

Status: (Introduced - Dead) 2020-01-08 - referred to corporations, authorities and commissions [A00675 Detail]

Download: New_York-2019-A00675-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           675
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by M. of A. NIOU, ZEBROWSKI -- read once and referred to the
          Committee on Corporations, Authorities and Commissions
        AN ACT to amend the public service law, in relation to  limiting  autod-
          ialed  telephone  calls  to  state  residents and to require telephone
          service providers to offer free call mitigation technologies to  tele-
          phone customers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the  "telephone
     2  consumer privacy protection act".
     3    § 2. The public service law is amended by adding a new section 91-b to
     4  read as follows:
     5    § 91-b. Autodialed telephone calls. 1. As used in this section:
     6    (a) "Autodialed call" means:
     7    (i) A call made using equipment that makes a series of calls to stored
     8  telephone  numbers,  including numbers stored on a list, or to telephone
     9  numbers produced using a random or sequential number  generator,  except
    10  that the term does not include a call made using only equipment that the
    11  caller  demonstrates  requires substantial additional human intervention
    12  to dial or place a call after a human initiates the call  or  series  of
    13  calls;
    14    (ii) a call made using an artificial or prerecorded voice message; or
    15    (iii)  a  text message made using equipment that issues twenty or more
    16  texts at a time, or sends a series of nearly identical  texts  to  tele-
    17  phone numbers on a list, or to telephone numbers produced using a random
    18  or  sequential  number  generator, except that the term does not include
    19  texts that the sender demonstrates were sent to  the  sender's  personal
    20  acquaintances.
    21    (b)  "Call  mitigation technology" means technology that identifies an
    22  incoming call or text message as being, or as probably being, an  autod-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02262-01-9
        A. 675                              2
     1  ialed call and, on that basis, blocks the call or message, diverts it to
     2  the  called  person's  answering  system,  or otherwise prevents it from
     3  being completed to the called person, except that it permits a  call  or
     4  text  so  identified to be completed when it is identified as being made
     5  by a law enforcement or public safety entity, or when it  is  identified
     6  as  originating from a caller with respect to whom the called person has
     7  provided prior express consent to receive such a call or message and has
     8  not revoked that consent.
     9    (c) "Prior express consent"  means  agreement  provided  by  a  called
    10  person  to  allow  the  caller  to make an autodialed call to the called
    11  person's telephone, in relation to the specific subject matter for which
    12  the call is made.
    13    2. It shall be unlawful for any person or entity to  make  any  autod-
    14  ialed  call  (other than a call made for emergency purposes or made with
    15  the prior express consent of the called party) to any  telephone  number
    16  owned  by  a  person  or entity in the state. A customer's prior express
    17  consent can be revoked by the customer at any  time  in  any  reasonable
    18  manner,  regardless  of  the  context  in which the owner or user of the
    19  telephone provided consent.
    20    3. (a) A telephone service provider that provides telephone service to
    21  customers residing in the state shall make  call  mitigation  technology
    22  available  to  any  such  customer,  upon  request, and at no additional
    23  charge. Such provider shall also offer to any such customer the  ability
    24  to have the provider prevent calls and text messages identified as orig-
    25  inating  from  a  particular  person  from being completed to the called
    26  person, upon request, and at no additional charge.
    27    (b) The  commission  shall  prescribe  regulations  to  implement  the
    28  requirements  of  this subdivision, including, if appropriate, a reason-
    29  able delay in requiring implementation and offering of  call  mitigation
    30  technology   if  for  good  cause,  taking  into  account  the  consumer
    31  protection purposes  of  this  section,  and  including  procedures  for
    32  addressing incidents in which a call wanted by the customer is prevented
    33  from reaching the customer.
    34    4.  (a)  Any  person  harmed  by a violation of the provisions of this
    35  section, or of any regulations promulgated by the commission relating to
    36  this section, may bring an action in any court  of  competent  jurisdic-
    37  tion:
    38    (i) to enjoin such violation; and/or
    39    (ii)  to  recover  for  actual monetary loss from such violation or to
    40  receive five hundred dollars in damages for such violation, whichever is
    41  greater.
    42    (b) If the court finds  that  the  defendant  willfully  or  knowingly
    43  violated  the  provisions  of this section or and regulations prescribed
    44  hereunder, the court may, in its discretion, increase the amount of  the
    45  monetary  award  to  an  amount  equal  to not more than three times the
    46  amount available pursuant to paragraph (a) of this subdivision.
    47    (c) No action to recover damages for a violation of the provisions  of
    48  this  section  may  be  brought  more  than four years after the alleged
    49  violation occurred.
    50    § 3. This act shall take effect on the thirtieth day  after  it  shall
    51  have  become  a  law.    Effective  immediately, the addition, amendment
    52  and/or repeal of any rule or regulation necessary for the implementation
    53  of this act on its effective date are authorized and directed to be made
    54  and completed on or before such effective date.