§ 399-p. Telemarketing; use of automatic dialing-announcing devices\nand placement of consumer telephone calls. 1. Definitions. As used in\nthis section, the following terms shall have the following meanings:\n (a) "automatic dialing-announcing device" means any automatic\nequipment which incorporates a storage capability of telephone numbers\nto be called and is used, working alone or in conjunction with other\nequipment, to disseminate a prerecorded message to the telephone number\ncalled without the use of an operator;\n (b) "person" means any natural person, firm, organization,\npartnership, association or corporation, or other entity, whether\nfor-profit or not-for-profit;\n (c) "consumer" means a natural person who is solicited to purchase,\nlease or receive a good or service for personal, family or household\nuse;\n (d) "consumer telephone call" means a call made to a telephone number\nby a telephone solicitor, whether by device, live operator, or any\ncombination thereof, for the purpose of soliciting a sale of any\nconsumer goods or services for personal, family or household purposes to\nthe consumer called, or for the purpose of soliciting an extension of\ncredit for consumer goods or services to the consumer called, or for the\npurpose of obtaining information that will or may be used for the direct\nsolicitation of a sale of consumer goods or services to the consumer\ncalled or an extension of credit for such purposes; provided, however,\nthat "consumer telephone call" shall not include a call made by a\ntelephone corporation, as defined by subdivision seventeen of section\ntwo of the public service law, in response to a specific inquiry\ninitiated by a consumer regarding that consumer's existing or requested\ntelephone service; and\n (e) "telephone solicitor" means a person who makes or causes to be\nmade a consumer telephone call.\n 2. No person shall operate an automatic dialing-announcing device, nor\nplace any consumer telephone call, except in accordance with the\nprovisions of this section. The use of such device by any person, either\nindividually or acting as an officer, agent, or employee of a person\noperating automatic dialing-announcing devices, is subject to the\nprovisions of this section.\n 3. Whenever telephone calls are placed through the use of an automatic\ndialing-announcing device, such device shall do all of the following:\n (a) state at the beginning of the call the nature of the call and the\nname of the person or on whose behalf the message is being transmitted\nand at the end of such message the address, and telephone number of the\nperson on whose behalf the message is transmitted, provided such\ndisclosures are not otherwise prohibited or restricted by any federal,\nstate or local law; and\n (b) disconnect the automatic dialing-announcing device from the\ntelephone line upon the termination of the call by either the person\ncalling or the person called.\n 4. No person shall operate an automatic dialing-announcing device\nwhich uses a random or sequential number generator to produce a number\nto be called.\n 5. No automatic dialing-announcing device shall be used to call and no\nconsumer telephone call shall be placed to an emergency telephone line\nincluding but not limited to any 911 or E-911 line, or any emergency\nline of any volunteer fire company or fire department; any emergency\nmedical service, ambulance service, voluntary ambulance service or\nhospital ambulance service as defined in section three thousand one of\nthe public health law; any hospital, nursing home, or residential health\ncare facility as defined in section twenty-eight hundred one of the\npublic health law; any adult care facility as defined in section two of\nthe social services law; or any law enforcement agency or to the\ntelephone line of any guest room or patient room of any hospital,\nnursing home, or residential health care facility as defined in section\ntwo thousand eight hundred one of the p
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.