New York bill to protect against out of state robocalls

New York State residents may soon have new safeguards against intrusive telemarketing calls.

The New York State Senate gave final legislative passage on Wednesday (June 13) to a bill that protects New Yorkers from unwanted telemarketing practices. The bill regulates all telemarketers who do business in New York, wherever they may be located, and adds new consumer protections from telemarketers’ robocalls. The legislation has also passed the state assembly.

The bill creates new regulations for out of state telemarketers who call New York residents. Previously, out of state telemarketers could continue to do business in the state and not be subject to civil and criminal penalties established for violations of the state’s existing law.

The legislation would also prohibit prerecorded telemarketing calls, also known as robocalls, without the recipient's express written consent, and require that prerecorded calls provide an opt-out mechanism to allow recipients to automatically add their phone number to the telemarketer's do-not-call list and then terminate the call.

The bill will be sent to Governor Andrew Cuomo. In a written statement, Cuomo appeared to support the bill, saying that the legislation was a “big win for the people of New York State.”

The complete text of the proposed law can be found here.

New York’s highest court issues new decisions

The New York State Court of Appeals has issued a number of new decisions this week on several important issues in civil and criminal law.

Among the cases, the state’s high court ruled on the following issues:

• whether the Family Court may direct continuing contact between a jailed parent and his child once parental rights have been terminated due to permanent neglect;
• whether the trial court’s error in denying a criminal defendant's requests for a severance based on the improper joinder of certain counts relating only to a co-defendant is harmless;
• whether the landlord of a New York City loft who has not complied with the Loft Law may maintain an ejectment action based on non-payment of rent;
• whether a college baseball pitcher assumed the risk of injury associated with his indoor practice;
• whether a historian is entitled under the Freedom of Information Law to unredacted transcripts of interviews that would identify informants who were promised confidentiality during investigations of school employees suspected of communist party ties.

The decisions are available to the public and can be found at the court’s website.

Ovid, Lodi Boards back court consolidation

FingerLakes1.com Local Network

The Towns of Ovid and Lodi have passed a joint resolution to consolidate their two town courts into a single position.

The resolution follows a study conducted by representatives of both towns. Town Supervisor Walt Prouty and Town Attorney Steven Getman represented Ovid.

The resolution will now be forwarded to the New York State legislature for final approval.

The complete study supporting the court consolidation is available here.

Seneca Lake Scenic Byway Plans Move Forward

Highlighting Route 414′s natural beauty; committee awaits byway designation:

The coming designation of State Route 414 from Lodi in Seneca County through the Town of Hector to the Watkins Glen village boundary as a Scenic Byway “will help provide much wider recognition of the scenic, recreational and historic assets along the east side of Seneca Lake, the Seneca Lake Scenic Byways Inc.,” contends in one of its early flyers urging byway designation.

The six member byway committee, a non-profit group, agrees the proposed byway “will help preserve and highlight the natural beauty we all enjoy, while enhancing the area’s appeal to tourists and boosting the local economy.”

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Making up the Seneca Lake Scenic Byway Inc. board are Barry O’Neill, Bruce Adams, Attorney Steve Getman, Vicki Kelly, George Kellogg and Chris Kimball-Peterson.

Study: 13 million Facebook users aren't protecting their privacy

According to a new study by Consumer Reports, approximately 13 million Facebook users in the United States either ignore, don’t know how to use, or aren't aware of Facebook’s privacy settings.

Furthermore, the study notes, many popular apps collect and expose personal data to developers and people outside of a user's social group.

As a result, these users are exposing themselves to potential scams. Still other users were denied insurance benefits or turned down for jobs or college admissions because of information publicly available through the social network.

The magazine lists varying ways to protect your privacy on Facebook by adjusting privacy settings.

Consumer Reports also reminds people to "assume anything you do on Facebook can be seen by all of your friends, your mom, your great-great-grandchildren, your employer, health insurer, and the government.”

Court of Appeals Issues New Decisions

New York State’s highest court has issued a number of decisions this week on civil and criminal law.

The cases cover a number of issues, including:

• the doctrine of equitable estoppel in child support/paternity cases;
• sufficiency of evidence in a case of manslaughter in the first degree;
• the application of the workers’ compensation cap when an employee has received several awards for different injuries;
• the sentencing ranges courts must adhere to when imposing a determinate sentence of imprisonment on a first time felony offender.

The decisions are available to the public and can be found at the court’s website.

New York’s Second Operation Hang Up Campaign Targets Cell Phone Use While Driving

The New York State Police are conducting a second Operation Hang Up enhanced enforcement campaign.

The campaign targets motorists that use their cell phone and other electronic devices while driving.

The first Operation Hang Up campaign took place over the 2011 Thanksgiving Holiday. State Police ticketed more than 800 drivers during that time period.

This latest enforcement campaign begins today (Monday, April 23, 2012) and continues through Sunday (April 29, 2012).

In 2011, the state Department of Motor Vehicles increased penalties for using cell phones while driving. Violations are now subject to two ‘points’ on a driver's license. Those points can increase a driver’s insurance rates, much like a speeding ticket or auto accident.”

With increased penalties and stepped-up enforcement, motorists who receive a ticket for using a cell phone should consider consulting an attorney to discuss their legal rights before pleading guilty.

Upstate New York Village Latest to Ban Puppy Mills

Seneca Daily News:

The Village of Interlaken is the latest community in upstate New York to ban so-called “puppy mills.”

The law prohibits the construction or operation of any new commercial pet breeder or large-scale kennel facility and halts the expansion of any existing facilities....

[D]ogs rescued from puppy mills often exhibit health and behavioral problems including severe malnutrition and injuries from living an entire life on wire mesh flooring....

The law was drafted by local attorney Steven Getman. It was passed following a public hearing in February and a review by the Seneca County Planning Board.

1.5 Million Credit Card Numbers Stolen

Details here:

The computer systems of a major credit card payment processing company called Global Payments have been hacked, reportedly compromising information on up to 1.5 million credit card account numbers.

New York expands DNA databank

Beginning in August, anyone convicted of a felony or penal law misdemeanor in New York State will have to provide a sample for the state's DNA databank under a new law.

Previously, less than fifty percent of convicted criminals were required to provide samples.

The new law also expands defendants' access to DNA testing and comparison both before and after conviction in appropriate circumstances, as well as to discovery after conviction where innocence is claimed.

According to supporters of the new law, the DNA databank provided leads in nearly 2,900 convictions. DNA evidence has also led to the exoneration of 27 New Yorkers who were wrongly convicted.

More information on the state’s DNA databank can be found here.