§ 399-pp. Telemarketing and consumer fraud and abuse prevention act.\n1. Legislative findings and declaration. The legislature finds and\ndeclares that the prevention of deceptive and unfair practices in\nassociation with telemarketing is in the public interest and subject to\nthe authority of appropriate political subdivisions of the state for the\npurpose of protecting the public against fraud, deception and other\nabuses. The legislature intends that the federal telemarketing and\nconsumer fraud and abuse prevention act (P.L. 103-297) be fully\nenforceable by appropriate state and local enforcement officials.\n The legislature further declares that additional requirements\napplicable to the telemarketing industry not present in the federal\nstatute are necessary to protect residents of the state and others from\ntelemarketing abuses. The legislature therefore intends that provisions\nin this section which differ from the aforementioned federal act and\nother New York state laws regulating telemarketing be construed whenever\nreasonable as providing additional protections to victims of\ntelemarketing fraud.\n 2. Definitions. As used in this section, the following terms shall\nhave the following meanings:\n a. "Applicant" means a person seeking a certificate of registration or\nto renew a certificate of registration under this section.\n b. "Customer" means any person who is or may be required to pay for or\nto exchange consideration for goods and services offered through\ntelemarketing.\n c. "Goods or services" means any goods or services, and shall include\nany real property or any tangible or intangible personal property or\nservices of any kind.\n d. "Investment opportunity" means anything tangible or intangible,\nthat is offered for sale, sold, or traded based wholly or in part on\nrepresentations, either express or implied, about past, present, or\nfuture income, profit, or appreciation.\n e. "Person" means any natural person, association, partnership, firm,\ncorporation and its affiliates or subsidiaries or other business entity.\n f. "Premium" means anything offered or given, independent of chance,\nto customers as an incentive to purchase or otherwise contract for goods\nor services offered through telemarketing.\n g. "Principal" means any person participating in or responsible for\nthe management of a telemarketer's business, whether or not the position\nis compensated, including but not limited to an owner in the case of a\nsole proprietorship, an officer, director or stockholder holding more\nthan ten percent of the outstanding stock in the case of a corporation,\na partner in the case of a partnership, and a manager or member in the\ncase of a limited liability company.\n h. "Prize" means anything offered or purportedly offered and given or\npurportedly given to a person by chance. For purposes of this\ndefinition, chance exists if a person is guaranteed to receive an item\nand, at the time of the offer or purported offer, the telemarketer does\nnot identify the specific item that the person will receive.\n i. "Prize promotion" means a sweepstakes or other game of chance or an\noral or written, express or implied representation that a person has\nwon, has been selected to receive or is eligible or may be eligible to\nreceive a prize or purported prize.\n j. "Telemarketer" means any person, who, for financial profit or\ncommercial purposes in connection with telemarketing, either initiates,\nor initiates and receives telephone calls to or from a customer when the\ncustomer is in this state or any person who directly controls or\nsupervises the conduct of a telemarketer. For the purposes of this\nsection, "commercial purposes" shall mean the sale or offer for sale of\ngoods and services.\n k. "Telemarketing" means any plan, program or campaign which is\nconducted to induce payment or the exchange of any other consideration\nfor any goods or services by use of one or more telephones and which\ninvolves
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