Bill Text: NY A04663 | 2011-2012 | General Assembly | Introduced
Bill Title: Regulates the use of automatic telephone answering devices by businesses and government; requires such devices to announce that the call is being answered by such a device and state whether or not, and if so how, the caller can be connected to a human being; limits waiting time; provides for a call-back option; requires disclosure in directories and advertising if the number is answered solely by a device and not a human being; authorizes the attorney general to seek injunctive relief and civil penalties ranging from $100 to $1000.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-01 - held for consideration in consumer affairs and protection [A04663 Detail]
Download: New_York-2011-A04663-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4663
2011-2012 Regular Sessions
I N A S S E M B L Y
February 4, 2011
___________
Introduced by M. of A. J. MILLER -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the use of
automatic telephone answering devices
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
2 391-r to read as follows:
3 S 391-R. USE OF AUTOMATIC TELEPHONE ANSWERING DEVICES. 1. DEFI-
4 NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
5 FOLLOWING MEANINGS:
6 (A) "AUTOMATIC TELEPHONE ANSWERING DEVICE" MEANS ANY AUTOMATIC EQUIP-
7 MENT USED TO ANSWER A TELEPHONE BY MEANS OTHER THAN THE ACTION OF A
8 HUMAN BEING.
9 (B) "OPERATOR" MEANS ANY NON-RESIDENTIAL USER OF AN AUTOMATIC TELE-
10 PHONE ANSWERING DEVICE, AND INCLUDES ALL BUSINESS, COMMERCIAL, AND
11 PROFESSIONAL ENTITIES, NONPROFIT ENTITIES, THE STATE, AND ALL POLITICAL
12 SUBDIVISIONS OF THE STATE. THE TERM OPERATOR ALSO INCLUDES ANY PERSON,
13 FIRM, CORPORATION, OR OTHER LEGAL ENTITY NOT PHYSICALLY PRESENT IN THE
14 STATE BUT DOING BUSINESS IN THE STATE SO AS TO BE SUBJECT TO THE JURIS-
15 DICTION OF THE STATE AS PROVIDED IN SUBDIVISION (A) OF SECTION THREE
16 HUNDRED TWO OF THE CIVIL PRACTICE LAW AND RULES.
17 2. NO OPERATOR SHALL EMPLOY OR USE AN AUTOMATIC TELEPHONE ANSWERING
18 DEVICE IN A MANNER INCONSISTENT WITH THE PROVISIONS OF THIS SECTION.
19 3. EVERY SUCH DEVICE SHALL, IMMEDIATELY UPON ANSWERING A TELEPHONE
20 CALL, ANNOUNCE: (A) THAT THE CALL IS BEING ANSWERED BY AN AUTOMATIC
21 DEVICE, (B) WHETHER OR NOT THE CALLER CAN BE CONNECTED TO A HUMAN BEING
22 VIA THE INSTANT CONNECTION, AND IF SO, HOW, AND (C) WHEN, IF EVER, A
23 HUMAN BEING IS AVAILABLE TO TAKE THE CALLER'S CALL, IF A HUMAN BEING IS
24 NOT THEN AVAILABLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08196-01-1
A. 4663 2
1 4. WHEN CONNECTION TO A HUMAN BEING VIA THE INSTANT CONNECTION IS
2 AVAILABLE, SUCH CONNECTION MUST BE MADE WITHIN SEVEN MINUTES OF SUCH
3 DEVICE'S FIRST ANSWERING THE CALL, AND THE DEVICE MUST SO ANNOUNCE. IF
4 SUCH DEVICE IS UNABLE TO COMPLETE SUCH A CONNECTION AT THE END OF SUCH
5 SEVEN MINUTE PERIOD, THE DEVICE MUST ACCEPT A MESSAGE FROM THE CALLER
6 ALLOWING THE CALLER TO GIVE HIS OR HER NAME AND A TELEPHONE NUMBER AT
7 WHICH HE OR SHE MAY BE REACHED. IN SUCH EVENT, A HUMAN BEING MUST PLACE
8 A CALL TO THE CALLER, AT THE OPERATOR'S EXPENSE, WITHIN ONE HOUR OF SUCH
9 FAILURE TO CONNECT AFTER THE SEVEN MINUTE PERIOD. IF THIS CALL IS NOT
10 COMPLETED, THE EFFORT TO COMPLETE SUCH CALL MUST BE REPEATED THREE TIMES
11 BEFORE IT MAY BE ABANDONED.
12 5. IF ANY OPERATOR SHALL CAUSE TO BE LISTED IN A TELEPHONE DIRECTORY
13 OR SHALL OTHERWISE PUBLISH OR ADVERTISE A TELEPHONE NUMBER CONNECTED TO
14 AN AUTOMATIC TELEPHONE ANSWERING DEVICE, WHICH DEVICE DOES NOT CONNECT
15 TO A HUMAN BEING, SUCH LISTING, PUBLICATION, OR ADVERTISEMENT MUST SO
16 STATE.
17 6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
18 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
19 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN
20 INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,
21 TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT
22 SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE, THAT THE
23 DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE
24 ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND RESTRAINING ANY FURTHER
25 VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN
26 INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE
27 ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF
28 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
29 TICE LAW AND RULES. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
30 OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF
31 ONE HUNDRED DOLLARS FOR A FIRST VIOLATION AND OF UP TO ONE THOUSAND FOR
32 A SECOND OR SUBSEQUENT VIOLATION WITHIN A ONE YEAR PERIOD. IN
33 CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
34 AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
35 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
36 RULES.
37 S 2. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law.
