NYS Consumer Protection Board Hails Enactment of Updated Do Not Call Law

New Law Addresses Telemarketing Abuses and Regulates "Robo" Calls

ALBANY, NY (08/17/2010)(readMedia)-- The New York State Consumer Protection Board (CPB) hails the enactment of an update to the State's Do Not Call telemarketing law that address new practices which "game the system."

"New Yorkers have the right to avoid harassment from telemarketers," said Governor David A. Paterson. "This law adds teeth to the existing law by expanding the definition of a telemarketing call to include prerecorded, unsolicited messages, and giving the Consumer Protection Board more authority to investigate companies using deceptive practices in the telemarketing industry."

"Restricting telemarketing calls to the hours of 8 a.m. to 9 p.m., and applying the State's Do Not Call Law to 'robo calls,' will help to further reduce unwanted telemarketing calls and safeguard the personal privacy of New Yorkers," said Mindy A. Bockstein, Chairperson and Executive Director of the CPB. "This new law, which also strengthens enforcement, provides all the more reason for consumers to place their telephone numbers on the Do Not Call Registry. I thank Governor Paterson for including this important pro-consumer issue within his legislative agenda and extend my appreciation to the Legislature for their support."

The Do Not Call Law is one of the State's most important consumer protections. Individuals who register their personal land and mobile phone numbers on the federal Do Not Call Registry are afforded some relief from annoying telemarketers. The new statute, which was proposed by Governor Paterson, sponsored by Senator Bill Perkins and Assemblywoman Audrey I. Pheffer, and supported by the CPB, augments New York's protections against many deceptive and bothersome telemarketing practices. In particular, the law:

  • Restricts unsolicited telemarketing calls to the hours of 8 a.m. to 9 p.m.;
  • Requires telemarketers to disclose at the outset of the call the nature of the goods or service they are selling;
  • Expands New York's "Do Not Call" Law protections to "robo-calls" including those that only leave a telemarketing message; and,
  • Expands the CPB's subpoena power to better investigate complaints.

"Since the State's Do Not Call (DNC) law became effective in April 2001, it has become one of the most important consumer laws enacted in New York State," Assemblywoman Audrey I. Pheffer, Chairperson of the Assembly Committee on Consumer Affairs and Protection. "These additional consumer protections further ensure that New Yorkers are protected against new telemarketing practices and trends that try to divert from following the intent of the law."

"Many of us have felt harassed by these calls which seem excessive and many times disingenuous in terms of how the callers represent their reason for calling," Senator Bill Perkins. "They will now have to tell you up front what they are trying to sell you and they cannot call after certain hours. This legislation puts an end to those kinds of calls and what's more, the Consumer Protection Board will be more empowered through this legislation to investigate and punish those who ignore the new law."

The law takes effect 120 days after being signed by the Governor.

For additional Do Not Call and other consumer information, visit www.nysconsumer.gov or call the CPB toll-free at 1-800-697-1220.

The CPB, established in 1970 by the New York State Legislature, is marking its 40th anniversary as the State's top consumer watchdog and think tank. The CPB's core mission is to protect New Yorkers by publicizing unscrupulous and questionable business practices and product recalls; conducting investigations and hearings; enforcing the "Do Not Call" law; researching issues; developing legislation; creating consumer education programs and materials; responding to individual marketplace complaints by securing voluntary agreements; and, representing the interests of consumers before the Public Service Commission and other State and federal agencies.

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To file a consumer complaint with the NYS Consumer Protection Board (CPB), call our toll-free hotline at 800-697-1220 or visit the CPB's website at www.nysconsumer.gov. In addition to the online complaint form, the website is home to important consumer safety information