New York Senate Bill 859: The Robocall Prevention Act
The New York Legislature's new 2-year term is underway, and with it comes new proposed legislation that could produce more litigation and more unintended consequences for ecommerce companies. New York Senate Bill 859, known as the Robocall Prevention Act, was recently introduced and aims to amend existing state law related to the use of autodialers.
What Does the Bill Do?
The Robocall Prevention Act significantly expands the scope of current law and increases the statutory damages individuals can seek for violations. Here's a breakdown of the key impacts:
Expands Scope Beyond Prerecorded Messages: The bill expands the definition of automatic dialing devices to encompass a broader array of technology.
Adds Text Messages: The bill introduces a definition for robocall that includes text messages.
Requires Prior Express Consent: The bill requires prior express consent for robocalls and limits the scope of consent.
Revocation: The bill allows consumers to revoke consent in any reasonable manner. Importantly, it does not require consumers who sign up to receive SMS messages to use industry-standard opt-out methods (e.g., STOP) to revoke consent before bringing suit.
Increased Damages: The bill increases the amount individuals can collect in private litigation from $50 to $500 or $1500 for willful or knowing violations.
Class Actions: The bill expressly authorizes class actions.
Current Status
The bill was introduced on January 8, 2025, with 23 Democratic Senators co-sponsoring the legislation. It was referred to the Senate Committee on Consumer Protection.
What's Next?
The bill will be considered by the Senate Committee on Consumer Protection. If the bill passes out of committee, it will be considered by the full Senate. If the bill passes the Senate, it will be considered by the Assembly. If the bill passes the Assembly, it would then be sent to the Governor for signature.
Stay tuned for updates on this important legislation!
