New York Assembly Bill A01216

New York 2025-2026 Regular Session

• Introduced: 1/9/25
• Refer: 1/9/25
• Refer: 1/7/26

Caption

Increases the penalty for any person who violates the provision that a pre-recorded message must disconnect upon the caller hanging up the telephone.

Summary

This bill amends New York’s General Business Law section 399-p, which regulates telemarketing and prerecorded telephone messages. The measure focuses on the rule requiring a prerecorded message to terminate when the called party hangs up. It increases the civil penalties available for violations of certain subdivisions of the statute, including higher per-call and aggregate penalties for some violations and a separate penalty structure for violations involving prerecorded message termination and related provisions. In practical terms, the bill strengthens enforcement against unlawful prerecorded or automated calling practices by giving courts greater authority to impose larger civil penalties at the request of the Attorney General. It also preserves existing remedies such as injunctions, restitution, and the Attorney General’s subpoena power in enforcement proceedings. The bill takes effect immediately, so the revised penalty structure would apply as soon as enacted.

Impact

The bill would amend General Business Law § 399-p by revising the civil penalty provisions tied to violations of telemarketing and prerecorded-message requirements. It increases the financial exposure for violators, especially for repeated calls within a 72-hour period and for violations involving the required disconnection of prerecorded messages when a consumer hangs up. The Attorney General remains the primary enforcement authority, with courts empowered to issue injunctions, order restitution, and impose the updated penalties.

Sentiment

Based on the bill’s caption and text, the measure appears to be consumer-protection oriented and aimed at curbing nuisance or abusive robocalls. There is no recorded committee transcript or vote history provided, so there is no direct evidence of debate, support, or opposition in the available materials. The overall framing suggests a generally favorable posture toward stronger enforcement against prerecorded calling violations.

Contention

The main policy issue is the size and structure of the penalties, particularly the increased fines for violations involving prerecorded messages and related telemarketing rules. Potential opponents could argue that the higher penalties are too punitive for businesses or call centers, while supporters would likely emphasize consumer privacy, call termination rights, and deterrence of unwanted robocalls. No specific stakeholder positions are documented in the provided record.