Law Closes  ‘License to Annoy’ Loophole

Law Closes ‘License to Annoy’ Loophole

Photo Courtesy of Wikivisual

The Nuisance Call Act closes a loophole in the Do Not Call Registry and requires live telemarketers to give consumers the option to be added to the seller’s do-not-call list.

By Michael V. Cusenza

Governor Andrew Cuomo on Monday signed legislation enacting the Nuisance Call Act, which closes a loophole in the Do Not Call Registry and requires live telemarketers to give consumers the option to be added to the seller’s do-not-call list. It also requires telemarketers to have a consumer’s written consent before sharing or selling their contact information, Cuomo added.

In 2001, the Do Not Call Law took effect, which allowed New York consumers to opt out of receiving pre-recorded or “robocalls.” However, since the establishment of the national Do Not Call Registry, consumers have seen an increase in live telemarketing calls, requiring this change in the State law, the governor noted.

“This loophole is a license to annoy New Yorkers that telemarketers have taken advantage of for far too long,” Cuomo said. “With these new protections, we can help ensure New Yorkers receive fewer unwanted calls and their privacy is protected once and for all.”

According to YouMail, a company that tracks robocalls, 25 billion robocalls were placed nationwide in the first five months of this year. Unwanted robocalls have disproportionately targeted New Yorkers, who had logged 1.5 billion of them as of June 2019.

“People live busy lives, and the last thing that they need to deal with are disruptive calls from telemarketers. Over the last few years, the amount of nuisance calls has increased drastically, and this bill would curb these bothersome calls,” said State Sen. Todd Kaminsky (D-Long Island).

According to the administration, the legislation takes effect in 90 days.

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