N.Y. Comp. Codes R. & Regs. Tit. 19 § 220.2 - Definitions

(a) Consumer means any natural person who:
(1) resides in this State; and
(2) has telephone service in this State that receives incoming calls. The term customer shall have the same meaning as the definition of consumer defined herein.
(b) Doing business in this State means conducting telephonic sales calls:
(1) from any location within New York State; or
(2) from a location outside of New York State to consumers residing and having a telephone number in this State.
(c) Goods and services means any goods and services, including any real property or any tangible personal property, and services of any kind.
(1) The term goods shall be the same as defined under section 2-105 of the New York Uniform Commercial Code.
(2) The term services shall be defined as 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) Negative option feature means, in an offer or agreement to sell or provide any goods or services, a provision under which the customer's silence or failure to take an affirmative action to reject such goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer.
(e) Telemarketer means any person who, for financial profit or commercial purposes in connection with telemarketing, makes a telemarketing sales call to a consumer in this State or any person who directly controls or supervises the conduct of a telemarketer. Telemarketer shall also include any person, firm, or corporation acting as an agent or representative of such telemarketer. For purposes of this paragraph, commercial purposes shall mean the sale or offer for sale of goods and services. 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 2 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 purposes of these regulations.
(f) Telemarketing means any plan, program or campaign which is initiated by a telephone call to a consumer or a message left on a telephone answering machine or voice mail system of a consumer, conducted to induce or encourage 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 consumer receiving such call or message 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.
(g) Telemarketing sales call means a telephone call made by a telemarketer or by any outbound telephone calling technology that delivers a prerecorded message either to a consumer or to their voicemail or answering machine service for the purpose of encouraging the purchase or rental of, or investment in property, goods or services, or inducing payment or the exchange of any other consideration for any goods or services, where the consumer's receiving device is a telephone.


N.Y. Comp. Codes R. & Regs. Tit. 19 § 220.2
Renumbered from 4602.2 of title 21 New York State Register May 2, 2018/Volume XL, Issue 18, eff. 5/2/2018

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