iDuchess here with a quick state update! Some Legislatures are back in session and the bills are moving already! New York Senate and Assembly just passed A4456 which was placed on the Governor’s desk yesterday, an amendment to paragraph a of subdivision 14 of section 399-z to increase the penalty for violating section 399-z from $11,000 to up to $20,000 per violation. Once signed by the Governor the amendment with be effective immediately!
As a reminder section 399-z regulates telemarketing which is the section that outlines, among other requirements, oral disclosures which was recently amended back in December of 2022. The amendment in December now requires that after the telemarketer states their name and who the solicitation is on behalf of, they must then state the option to be added to the entity’s internal do-not-call list. See below.
2. No telemarketer or seller shall engage in telemarketing at any time other than between 8:00 A.M. and 9:00 P.M. at the location of the customer unless the customer has given his or her express consent to the call at a different time. Telemarketers shall provide, in a clear and coherent manner using words with common and everyday meanings, at the beginning of each telemarketing sales call all of the following information, provided that the information set forth in paragraphs a and b of this subdivision shall be given to the customer first:
- the telemarketer’s name and the person on whose behalf the solicitation is being made, if other than the telemarketer;
- the option to be automatically added to the seller’s entity specific do-not-call list, as required by subdivisions seven, eight, and nine of this section;
- whether the call is being recorded;
- the purpose of the telephone call; and
- the identity of the goods or services for which a fee will be charged.
Again, this is on the Governor’s desk but with all the action from the FTC, FCC, and state AGs I have a feeling this will be signed. If you need help staying on top of or complying with state laws, we are here to help. As always, I will be on the lookout for new legislation and bring you all the action from the states.
