The Duchess here coming in with a quick mid-week update while the entire Troutman team is traveling back from their conferences! (I hear they ALL crushed it. No surprise).
As you know Troutman Firm is all over state telemarketing laws and this one is a doozy.
New York just signed a new telemarketing law – legislation S.8450-B/A.8319-C – requiring telemarketers to provide consumers the option to be added to their do-not-call list at the outset of certain telemarketing calls. Telemarketers must give the option right after the telemarketer’s name and company’s name are given to the consumer.
“We are dialing up our efforts to give New Yorkers a break from unsolicited telemarketing calls,” New York governor Kathy Hochul emphasized. “For too long, New Yorkers have dealt with these nuisance calls, not knowing they can avoid these interactions by being added to a telemarketer’s do-not-call list. This new legislation will protect New Yorkers from receiving frustrating, unwanted calls by better providing information on do-not-call lists” Hochul added.
We have all been watching it happen for the last few years, with states beefing up their regulations around telemarketing practices. New York is the latest to join the pack with Governor Hochul signing legislation that requires telemarketers to give the consumer the option to be added to the company’s Do-Not-Call at the beginning of the call.
Typically, most states require that the telemarketer gives you their name, and the company’s name at the start of the call, now New York is also requiring along with the initial introduction, telemarketers must also communicate to the consumer their option to be added to the company’s internal DNC list (Do-Not-Call) before the reason of the call. While this requirement is not new, the placement of it is. New York’s new requirement is to ensure consumers are getting the information needed to end calls for good before they just hang up on yet another unwanted call.
NY Senator Cooney was quoted as saying “Since the frequency of nuisance calls continues to rise, we are going further to safeguard New Yorkers from continuous unwanted calls. For too long telemarketers have taken advantage of the opportunity to bury no-call list sign-up options at the end of scripts; that stops now.”
As the states continue to evolve in this area, my guess is they will, and you are operating in the telemarketing solicitation space, it’s extremely important that you are aware of the state laws that pertain to your business. There are many nuances to each state and the Troutman Firm, as always, is here to help you!
How symbolic and talk about being out of touch. These people don’t understand that the telemarketers never tell you their real name on a robocall and never call from a phone number that belongs to them. And there’s that $11,000 penalty joke. No one has ever been fined because there is nobody in New York state who investigates these calls. This entire legislation is a useless joke and that isn’t even funny. It will accomplish nothing but wasting our representatives time and our money. This new law will not change anything.
If these people gave half a rat’s tail, they provide a private right of action. Why bother writing a law if you’re not going to even consider enforcing it? Hochul is a clown.