Section 399-Z. Telemarketing; establishment of no telemarketing sales calls statewide registry; authorization of the transfer of telephone numbers on the no telemarketing sales calls statewide registry to the national "do-not-call" registry

1. As used in this section, the following  terms
  shall have the following meanings:
    a. "Board" shall mean the consumer protection board;
    b.  "Director" means the executive director of the consumer protection
  board;
    c. "Customer" means any natural person who is a resident of this state
  and who is or may be required to pay for or  to  exchange  consideration
  for goods and services offered through telemarketing;
    d.  "Doing  business  in this state" means conducting telephonic sales
  calls: (i) from a location in  this  state;  or  (ii)  from  a  location
  outside of this state to consumers residing in this state;
    e.  "Goods  and  services"  means  any  goods  and services, and shall
  include any real property or any tangible personal property or  services
  of any kind;
    f.  "Person" means any natural person, association, partnership, firm,
  corporation and its affiliates or subsidiaries or other business entity;
    g. "Telemarketer" means  any  person  who,  for  financial  profit  or
  commercial    purposes   in   connection   with   telemarketing,   makes
  telemarketing sales calls to a customer when the  customer  is  in  this
  state or any person who directly controls or supervises the conduct of a
  telemarketer.  For  the  purposes of this section, "commercial purposes"
  shall mean the sale or offer for sale of goods or services;
    h. "Telemarketing" means  any  plan,  program  or  campaign  which  is
  conducted  to  induce payment or the exchange of any other consideration
  for any goods or services by use of one or  more  telephones  and  which
  involves  more  than  one  telephone call by a telemarketer in which the
  customer  is  located  within  the  state  at  the  time  of  the  call.
  Telemarketing  does  not include the solicitation of sales through media
  other than by telephone calls;
    i. "Telemarketing sales  call"  means  a  telephone  call  made  by  a
  telemarketer  to  a  customer for the purpose of inducing payment or the
  exchange of any other consideration for any goods or services;
    j. "Unsolicited telemarketing  sales  call"  means  any  telemarketing
  sales call other than a call made:
    (i)  in  response  to  an  express  written  or  verbal request of the
  customer called; or
    (ii) in connection with an established  business  relationship,  which
  has not been terminated by either party, unless such customer has stated
  to  the  telemarketer that such customer no longer wishes to receive the
  telemarketing sales calls of such telemarketer; or
    (iii) to an existing customer, unless such customer has stated to  the
  telemarketer  that  such  customer  no  longer  wishes  to  receive  the
  telemarketing sales calls of such telemarketer.
    2. a. The board is authorized to establish, manage, and maintain a  no
  telemarketing  sales calls statewide registry which shall contain a list
  of customers who do not wish to receive unsolicited telemarketing  sales
  calls. The board may contract with a private vendor to establish, manage
  and  maintain  such registry, provided the private vendor has maintained
  national no telemarketing sales  calls  registries  for  more  than  two
  years,   and  the  contract  requires  the  vendor  to  provide  the  no
  telemarketing sales calls registry in a printed hard copy format and  in
  any other format as prescribed by the board.
    b. The board is authorized to have the national "do-not-call" registry
  established,  managed  and  maintained  by  the federal trade commission
  pursuant to 16 C.F.R. Section 310.4 (b) (1) (iii) (B) serve as  the  New
  York  state no telemarketing sales calls statewide registry provided for
  by this section. The  board  is  further  authorized  to  take  whatever
  administrative   actions  may  be  necessary  or  appropriate  for  such
  transition  including,  but  not  limited  to,  providing  the telephone
  numbers of New York customers registered on the no  telemarketing  sales
  calls  statewide registry to the federal trade commission, for inclusion
  on the national "do-not-call" registry.
    3. No telemarketer or  seller  may  make  or  cause  to  be  made  any
  unsolicited   telemarketing   sales  call  to  any  customer  when  that
  customer's telephone number  has  been  on  the  national  "do-not-call"
  registry,  established  by the federal trade commission, for a period of
  thirty-one days prior to the date the call is made, pursuant to  16  CFR