⚠ Penalty Exposure — New York
Per Violation
$2,000
Willful
$20,000
10,000 Calls
$20,000,000
= exposure
Overview
New York layers multiple telecom statutes to create one of the strongest consumer protection regimes in the country. GBL § 399-p regulates automatic dialing devices and prerecorded messages — $2,000 per call for ATDS violations, private right of action for $50 or actual damages (treble to $1,000 if willful). GBL § 399-z (the "Do Not Call" law, amended 2023) imposes up to $20,000 per violation for DNC and telemarketing disclosure failures. GBL § 399-pp requires telemarketer registration with DOS ($500 fee, $25,000 bond). And Executive Law § 63(12) gives AG Letitia James broad authority to investigate and prosecute repeated or persistent telemarketing fraud — no cap on penalties. New York does not maintain a separate state DNC list but routes consumer registrations to the federal NDNC Registry. Cold calling during declared states of emergency is prohibited. The 2023 amendments nearly doubled DNC penalties and added mandatory DNC opt-out disclosure at the start of every call.
Consent Requirements by Channel
| Channel | Consent Required | One-to-One |
|---|---|---|
| Voice Call | Prior Express | Required |
| SMS | Written Consent Required | Required |
| AI Voice | Written Consent Required | Required |
| Prerecorded | Written Consent Required | Required |
| Ringless VM | Written Consent Required | Required |
| MMS | Written Consent Required | Required |
| Fax | Prior Express | — |
Key Court Decisions
In re Legal Growth Marketing Inc. (DOS Consent Order)
6/10NY Department of State Administrative Proceeding · Nov 2024
Department of State found violations of GBL § 399-z including failure to comply with do-not-call requirements and disclosure obligations. Respondent agreed to $50,000 civil penalty and three-year compliance monitoring. Department retained authority to reopen investigation if respondent violated consent order or telemarketing laws during the monitoring period.
Watson v. Manhattan Luxury Vehicles, Inc.
8/10S.D.N.Y. · Sep 2024
TCPA consent must be "clearly and unmistakably granted" and the consumer must understand they are agreeing to receive telephone advertisements. Consent can grant permission to a party and its affiliates or non-parties only if the consent makes clear who is granted permission. Consent obtained by one entity cannot be transferred to another entity — the consumer must specifically consent to calls from the entity that will be calling.
Aley v. Lightfire Partners, LLC
9/10N.D.N.Y. · Aug 2024
TCPA class certified for 62,225 proposed members whose DNC-registered numbers received telemarketing calls based on consent obtained through a third-party website (Myjobscorner.com via Connexus Digital). Court found common questions predominated — if consent procedures were inadequate under the law, that determination would apply uniformly to the class, rendering individual assessments moot. Numerosity, commonality, typicality, and adequacy all satisfied.
Recent Enforcement Actions
37 Voice Service Providers (multistate warning)
Aug 2025
AG James joined 50-state bipartisan coalition sending warning letters to 37 voice service providers demanding they stop routing illegal robocalls. Investigation found these providers routed thousands of robocall campaigns impersonating utilities, financial companies, Medicare, Amazon, and tax relief services. Precursor to enforcement — carriers that fail to act face liability. Demonstrates AG's "upstream enforcement" strategy: target the carriers enabling illegal calls, not just the callers.
Citizens Disability LLC / National Disability (d/b/a CD Media LLC)
$125,000May 2025 · financial services
Largest recent NY DOS telemarketing penalty at $125,000. Citizens Disability also faced a separate $2 million FTC civil penalty for similar violations. Demonstrates that NY enforcement coordinates with federal agencies — a single telemarketing campaign can trigger both state and federal penalties simultaneously. The company's disability benefits marketing relied on unsolicited calls to DNC-registered numbers and failed to comply with disclosure requirements.
Essential Health Solutions LLC
$40,000Apr 2025 · healthcare
Another healthcare telemarketing operation penalized $40,000 by NY DOS. Investigation triggered by consumer complaints about unsolicited calls and GBL § 399-z violations including failure to provide required disclosures and DNC noncompliance. Health insurance and Medicare-related telemarketing is the top enforcement target in NY for 2024-2025.
Key Rules
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →