New York S 9440: Enacts the do not disturb registry act

Bill Text

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S09440 Summary:

BILL NOS09440 

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SAME ASSAME AS A09029

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Add Art 48 §§1800 - 1806, Gen Bus L

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Enacts the do not disturb registry act to establish a statewide do not disturb registry which shall contain a list of residents who do not wish to receive unsolicited commercial marketing communications.

Go to top S09440 Actions:

BILL NOS09440 

&nbsp

03/12/2026REFERRED TO CONSUMER PROTECTION

Go to topS09440 Committee&nbspVotes:

Go to topS09440 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09440 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9440

 IN SENATE

 March 12, 2026
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to enacting the do
 not disturb registry act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "do not disturb registry act".
 3 § 2. Legislative findings and purpose. The legislature hereby finds
 4 and declares that it is the policy of this state to ensure that its
 5 residents are not burdened or deceived by unsolicited commercial market-
 6 ing communications, including telemarketing calls, electronic mail,
 7 physical mail, text message, and facsimiles. The increase in unsolicited
 8 commercial marketing communications has heightened the risk of making
 9 residents of this state susceptible to deceptive practices, scams, and
 10 fraudulent schemes. Moreover, the receipt of such communications is also
 11 a nuisance to residents as such communications clutter their inboxes,
 12 fill their devices with unwanted messages, and consume their time and
 13 attention, thereby disrupting their daily lives and diminishing the
 14 privacy and peace they should be able to expect in their personal spac-
 15 es. Furthermore, the increase of such communications also has the
 16 effect of diminishing residents' trust in urgent communications. Final-
 17 ly, the existence of a statewide do not disturb registry may have the
 18 effect of lowering marketing costs to businesses, as businesses will be
 19 aware of consumers who have a lower likelihood of positively responding
 20 to their commercial marketing communications.
 21 § 3. The general business law is amended by adding a new article 48 to
 22 read as follows:
 23 ARTICLE 48
 24 DO NOT DISTURB REGISTRY
 25 Section 1800. Definitions.
 26 1801. Do not disturb registry.
 27 1802. Unsolicited commercial marketing communications; when
 28 prohibited.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13592-01-5

 S. 9440 2

 1 1803. Investigations.
 2 1804. Penalties.
 3 1805. Effect on the statewide "do-not-call" registry.
 4 1806. Rulemaking.
 5 § 1800. Definitions. As used in this article, the following terms
 6 shall have the following meanings:
 7 1. "Unsolicited commercial marketing communication" shall mean any
 8 telemarketing call, electronic mail, physical mail, text message or
 9 facsimile, the primary purpose of which is the commercial advertisement
 10 or promotion of a commercial product or service, including content on an
 11 internet website operated for a commercial purpose made by or on behalf
 12 of a covered person. This term shall not include communications that are
 13 sent as a result of a resident voluntarily opting in to receiving such
 14 communications. The inclusion of a reference to a commercial entity or a
 15 link to the website of a commercial entity does not, by itself, cause
 16 such communication to be treated as a commercial marketing communication
 17 for purposes of this section if the contents or circumstances of the
 18 communication indicate a primary purpose other than a commercial adver-
 19 tisement or promotion of a commercial product or service.
 20 2. "Covered person" shall mean any natural person, association, part-
 21 nership, corporation and its affiliates or subsidiaries or other busi-
 22 ness entity that sent more than the threshold amo