A&B Abstract:
New York Governor Kathy Hochul signed legislation in December designed to limit unwanted telemarking calls by providing consumers the option to be added to a company’s do-not-call list at the outset of a call. The new law takes effect March 6, 2023.
Updated Requirements for New York Telemarketers:
The new legislation (S.8450-B/A.8319-C) amends New York General Business Law § 399-z as it relates to telemarketers. New York currently regulates telemarketers, defined generally as entities that engage in solicitation by telephone call or electronic messaging text to a customer located in New York or that control or supervise such entities. The law requires certain disclosures to be made at the time of the call.
The law is amended by the legislation to require telemarketers to give customers the option to be added to the company’s do-not-call list at the beginning of telemarketing sales calls, right after providing the telemarketer’s name and solicitor’s name. Currently, the law requires telemarketers to inform customers that they may request to be added to the company’s do-not-call list, but it does not specify when this disclosure must be made.
Takeaway:
Telemarketers doing business in New York should update their procedures and scripts to comply with this new requirement by March 6, 2023, as each violation of this rule can incur a fine of up to $11,000.
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