Bill Text: NY A04615 | 2015-2016 | General Assembly | Amended
Bill Title: Provides that a business entity may not provide false caller identification information with the intent to defraud or harass any party; provides definition of business entity.
Spectrum: Partisan Bill (Democrat 34-0)
Status: (Engrossed - Dead) 2016-03-02 - REFERRED TO CODES [A04615 Detail]
Download: New_York-2015-A04615-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4615--A
Cal. No. 146
2015-2016 Regular Sessions
I N A S S E M B L Y
February 4, 2015
___________
Introduced by M. of A. MAYER, PAULIN, DINOWITZ, MILLER, WEPRIN, ZEBROW-
SKI, CAHILL, PERRY, BENEDETTO, OTIS, DenDEKKER, ROSENTHAL, JAFFEE,
COLTON, GUNTHER, SKOUFIS, BROOK-KRASNY, TITONE, MARKEY, SEAWRIGHT,
GALEF, ARROYO, ABINANTI, MOSLEY, GOTTFRIED, STECK -- Multi-Sponsored
by -- M. of A. ABBATE, HIKIND, LIFTON, MAGEE, ORTIZ, SCHIMEL, SIMON,
SOLAGES -- read once and referred to the Committee on Consumer Affairs
and Protection -- reported and referred to the Committee on Codes --
passed by Assembly and delivered to the Senate, recalled from the
Senate, vote reconsidered, bill amended, ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the general business law and the civil practice law and
rules, in relation to prohibiting business entities from transmitting
false caller identification information with the intent to defraud or
harass any person
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new section
2 399-ppp to read as follows:
3 S 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION
4 INFORMATION. 1. IT SHALL BE UNLAWFUL FOR ANY BUSINESS ENTITY, IN
5 CONNECTION WITH ANY TELECOMMUNICATIONS SERVICE OR VOIP SERVICE, TO CAUSE
6 ANY CALLER IDENTIFICATION SERVICE TO TRANSMIT FALSE CALLER IDENTIFICA-
7 TION INFORMATION, WITH THE INTENT TO DEFRAUD OR HARASS, WHEN MAKING A
8 CALL TO ANY PERSON WITHIN THE STATE.
9 2. FOR PURPOSES OF THIS SECTION:
10 (A) "BUSINESS ENTITY" MEANS A CORPORATION, ASSOCIATION, PARTNERSHIP,
11 LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR OTHER LEGAL
12 ENTITY.
13 (B) "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED TO
14 AN END USER BY A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00375-05-5
A. 4615--A 2
1 NUMBER OF, OR OTHER INFORMATION REGARDING THE ORIGINATION OF, A CALL
2 MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE.
3 (C) "CALLER IDENTIFICATION SERVICE" MEANS ANY SERVICE OR DEVICE
4 DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE
5 NUMBER OF, OR OTHER INFORMATION REGARDING THE ORIGINATION OF, A CALL
6 MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE. SUCH TERM
7 INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES.
8 (D) "VOIP SERVICE" MEANS ANY SERVICE THAT: ENABLES REAL TIME, TWO-WAY
9 VOICE COMMUNICATION ORIGINATING FROM OR TERMINATING AT THE USER'S
10 LOCATION IN INTERNET PROTOCOL OR A SUCCESSOR PROTOCOL; UTILIZES A BROAD-
11 BAND CONNECTION AT THE USER'S LOCATION; AND PERMITS A USER TO RECEIVE A
12 CALL THAT ORIGINATES ON THE PUBLIC SWITCHED TELEPHONE NETWORK AND TO
13 TERMINATE A CALL TO THE PUBLIC SWITCHED TELEPHONE NETWORK.
14 3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
15 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
16 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN
17 INJUNCTION, AND UPON NOTICE TO THE DEFENDANT, TO IMMEDIATELY ENJOIN AND
18 RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO
19 THE SATISFACTION OF THE COURT OR JUSTICE, BY A PREPONDERANCE OF THE
20 EVIDENCE, THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION AN
21 INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND
22 RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
23 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. THE COURT MAY MAKE
24 ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF
25 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
26 TICE LAW AND RULES. IN ADDITION TO ANY SUCH ALLOWANCES, THE COURT MAY
27 DIRECT RESTITUTION TO ANY VICTIM UPON A SHOWING OF DAMAGES BY A PREPON-
28 DERANCE OF THE EVIDENCE. IN ADDITION TO ANY SUCH RESTITUTION, WHENEVER
29 THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,
30 THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWO THOUSAND
31 DOLLARS PER CALL, UP TO A TOTAL AGGREGATE AMOUNT OF NOT MORE THAN ONE
32 HUNDRED THOUSAND DOLLARS, FOR ALL CALLS PLACED IN VIOLATION OF THIS
33 SECTION WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION WITH
34 ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO
35 TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
36 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
37 4. SUBDIVISION THREE OF THIS SECTION DOES NOT CREATE, AND IS NOT
38 INTENDED TO CREATE, ANY RIGHT OF ACTION AGAINST A TELECOMMUNICATIONS
39 SERVICE PROVIDER OR VOIP SERVICE PROVIDER WHOSE SERVICE, INCLUDING CALL-
40 ER IDENTIFICATION SERVICE, IS USED BY A BUSINESS ENTITY TO TRANSMIT OR
41 DISPLAY FALSE CALLER IDENTIFICATION INFORMATION IN VIOLATION OF THIS
42 SECTION.
43 5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY MEMBER OF A
44 LAW ENFORCEMENT UNIT ACTING WITHIN THE SCOPE OF HIS OR HER ASSIGNED
45 DUTIES OR TO A COURT ORDER THAT SPECIFICALLY AUTHORIZES THE USE OF CALL-
46 ER IDENTIFICATION MANIPULATION.
47 S 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac-
48 tice law and rules, as amended by chapter 530 of the laws of 2002, is
49 amended to read as follows:
50 6. to the plaintiffs in an action or proceeding brought by the [attor-
51 ney-general] ATTORNEY GENERAL under [articles] ARTICLE twenty-two, twen-
52 ty-two-A, twenty-three-A or thirty-three or section three hundred nine-
53 ty-one-b, THREE HUNDRED NINETY-NINE-PPP, or five hundred twenty-a of the
54 general business law, or under subdivision twelve of section sixty-three
55 of the executive law, or under article twenty-three of the arts and
56 cultural affairs law, or in an action or proceeding brought by the
A. 4615--A 3
1 [attorney-general] ATTORNEY GENERAL under applicable statutes to
2 dissolve a corporation or for usurpation of public office, or unlawful
3 exercise of franchise or of corporate right, a sum not exceeding two
4 thousand dollars against each defendant.
5 S 3. This act shall take effect on the sixtieth day after it shall
6 have become a law.
