New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VIII - Division Of Consumer Protection
Part 220 - General Provisions
Section 220.2 - Definitions

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 220.2

Current through Register Vol. 46, No. 12, March 20, 2024

This Part shall use all terms as defined in section 399-z of the General Business Law, with the following additions:

(a) Consumer shall have the same meaning as the term customer as defined in section 399-z of the General Business Law.

(b) Established business relationship shall mean a prior or existing relationship formed by a voluntary two-way communication between a consumer and a telemarketer with or without an exchange of consideration, on the basis of the consumer's purchase or transaction with the telemarketer within the 18 months immediately preceding the date of the telephone call or on the basis of the consumer's inquiry or application regarding products or services offered by the telemarketer within the three months immediately preceding the date of the call, which relationship has not been previously terminated by either party.

(c) Goods and services shall have the same meaning as defined in section 399-z of the General Business Law. In addition:

(1) the term goods shall include, but not be limited to, goods as defined under section 2-105 of the New York Uniform Commercial Code; and

(2) the term services shall include, but not be limited to, the duty, labor, obligation, act, or commitment to be rendered by one person to another for profit, whereby the telemarketer offers, seeks to offer, or contracts to offer any performance of labor or other such act for the benefit of the consumer, or at the consumer's direction or authority.

(d) Hearing means an administrative proceeding instituted at the request of the telemarketer as part of an adjudicatory proceeding as defined in subdivision three of section 102 of the State Administrative Procedure Act.

(e) Knowingly or knowledge means acting with actual knowledge, deliberate ignorance or reckless disregard, except that where VoIP or other technology is used by or at the request of a telemarketer or seller for a call that transmits misleading, inaccurate or false identification information there shall be a rebuttable presumption of knowledge.

(f) Telemarketer shall have the same meaning as defined in section 399-z of the General Business Law, except that charitable organizations as defined in section 171-a(1) of the Executive Law and registered pursuant to section 172 of the Executive Law, religious corporations as defined in section two of the Religious Corporations Law, political parties as defined in section 1- 104(3) of the Election Law, and political committees as defined in section 14-100(1) of the Election Law, are deemed not able to conduct any act or activity for commercial purposes and are deemed not to be operating for financial profit for the purposes of this Part.

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