N.Y. General Business Law § 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