2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
396-AA*2 - Unsolicited telefacsimile advertising.

 
    * §  396-aa.  Unsolicited  telefacsimile  advertising.  1. It shall be
  unlawful for  a  person,  corporation,  partnership  or  association  to
  initiate   the   unsolicited   transmission  of  telefacsimile  messages
  promoting goods or services  for  purchase  by  the  recipient  of  such
  messages. For purposes of this section, "telefacsimile" shall mean every
  process  in  which electronic signals are transmitted by telephone lines
  for conversion into written  text.  This  section  shall  not  apply  to
  telefacsimile  messages  sent to a recipient with whom the initiator has
  had a prior contractual or business  relationship.  Notwithstanding  the
  above,  it  shall be unlawful to initiate any telefacsimile message to a
  recipient who has previously clearly indicated to the initiator  by  any
  verbal,  written or electronic means that the recipient does not want to
  receive telefacsimile messages from the initiator.
    2. Every unsolicited telefacsimile message sent to a  recipient  shall
  contain  a  notice that informs the recipient of the ability, granted by
  subdivision one of this section, to prevent the transmission  of  future
  unsolicited  telefacsimile  messages.  Such  notice  shall  be clear and
  conspicuous and on the first  page  of  the  telefacsimile  message  and
  include a domestic contact telephone number and facsimile machine number
  for the recipient to transmit such a request to the initiator.
    If  neither  the required telephone number or facsimile machine number
  is a toll-free  number,  a  separate  cost-free  mechanism  including  a
  website  address or email address, for a recipient to transmit a request
  pursuant to such notice to the sender  of  the  message  shall  also  be
  provided.  A  local  telephone  number also shall constitute a cost-free
  mechanism so long as recipients are local and will not  incur  any  long
  distance  or  other  separate charges for calls made to such number. The
  telephone and facsimile numbers and cost-free  mechanism  identified  in
  the  notice  must  permit an individual or business to make a request to
  prevent  the   transmission   of   future   unsolicited   advertisements
  twenty-four hours a day, seven days a week.
    3.  Any  person  who  has  received  a  telefacsimile  transmission in
  violation of this section may bring an action in his own name to recover
  his actual damages or one hundred dollars, whichever is greater.
    * NB There are 2 § 396-aa's