Section 1692. Et

seq.);
    (2) telephone calls in which the sale, lease or  other  agreement  for
  goods  or  services  is  not  completed, and payment or authorization of
  payment is not required, until after a face-to-face  sales  presentation
  by a telemarketer, or a meeting between a telemarketer and customer;
    (3) telephone calls that are received by a telemarketer initiated by a
  customer   that   are  not  the  result  of  any  solicitation  by  such
  telemarketer; and
    (4)  telephone  calls  between  a  telemarketer  and  any   for-profit
  business, except calls involving the retail sale of nondurable office or
  cleaning supplies.
    c. The following acts or practices are exempt from the requirements of
  paragraph b of subdivision six of this section.
   (1)  telephone  calls  pertaining  to  a  renewal or continuation of an
  existing or prior contractual relationship or  the  continuation  of  an

  established   business   relationship   between   a   customer  and  any
  telemarketer, provided that  the  telemarketer  discloses  any  material
  changes  in  the  terms and conditions of the prior contract, except for
  calls  made  by  a  telemarketer in which the telemarketer or any of its
  principals has previously engaged in any act or  practice  described  in
  subparagraphs  one,  two,  five,  six, seven and eight of paragraph a of
  subdivision five of this section; and
    (2) unsolicited telephone calls  made  by  the  telemarketer  for  the
  purpose  of  overall  efforts to develop new business that include other
  methods  and  techniques  intended  to  identify  and  communicate  with
  potential customers provided however that for all transactions which are
  incidental  to the call and result in the exchange of goods and services
  the telemarketer shall disclose the following information:
    (a) the telemarketer's  name  and  the  person  on  whose  behalf  the
  solicitation is being made if other than the telemarketer;
    (b)  the  identity  of  the  goods or services for which a fee will be
  charged; and
    (c) the cost of the goods or services that  are  the  subject  of  the
  call.
    11.  Enforcement. a. Every violation of this section shall be deemed a
  deceptive  act  and  practice  subject  to  enforcement  under   article
  twenty-two-A of this chapter. In addition, the district attorney, county
  attorney, and the corporation counsel shall have concurrent authority to
  seek  the  relief  in  paragraph  b  of  this subdivision, and all civil
  penalties  obtained  in  any  such  action  shall  be  retained  by  the
  municipality or county.
    b.  In  every case where the court shall determine that a violation of
  this section has occurred, it may impose a civil  penalty  of  not  less
  than  one  thousand  dollars nor more than two thousand dollars for each
  violation.  Such  penalty  shall  be  in  addition  to  the  denial   of
  registration  or  renewal,  suspension  of registration or revocation of
  registration or assessment of a fine authorized by subdivision  five  of
  this section.
    c.  Any  person  who  contracts  with a telemarketer for telemarketing
  services and has actual knowledge that the  telemarketer  is  acting  in
  violation  of  this  section  shall be deemed to be in violation of this
  section, unless such person takes reasonable  measures  to  prevent  and
  correct any conduct that violates this section.
    d.  Nothing  in  this section shall be construed to restrict any right
  which any person may have under any other statute or the common law.
    12. Criminal penalties. Any  person  who  is  convicted  of  knowingly
  violating  paragraph  a  or  b  of subdivision three of this section, or
  subparagraph two, three, four or five of paragraph a of subdivision  six
  of this section shall be guilty of a class B misdemeanor. Any person who
  is  convicted  of  knowingly  violating subparagraph eleven or twelve of
  paragraph a of subdivision six of this section  shall  be  guilty  of  a
  class A misdemeanor.
    13.  Separability  clause;  construction.  If any part or provision of
  this section or the application thereof to any person  or  circumstances
  be  adjudged  invalid  by  any  court  of  competent  jurisdiction, such
  judgment shall be confined in its operations to the part,  provision  or
  application  directly involved in the controversy in which such judgment
  shall have been rendered and shall not affect or impair the validity  of
  the  remainder  of  this  section  or  the  application thereof to other
  persons or circumstances.