Mini-TCPA in effectLast verified 2026-10-07
New York TCPA and telemarketing law
New York has its own telemarketing statute.
At a glance
| Statute | N.Y. Gen. Bus. Law § 399-z; N.Y. Gen. Bus. Law § 399-p | ↗ |
| Consent standard | Prior express written consent | ↗ |
| Stricter than federal | No | ↗ |
| Private right of action | Not yet verified | |
| Statutory damages | Not yet verified | |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
The federal layerApplies in every state
Delayed2027-01-31↗
Revocation must apply across all unrelated matters
An opt-out on one subject applies to all unrelated marketing
In effect2025-04-11↗
Revocation by any reasonable method; no exclusive means
Honor within 10 business days, by any reasonable method
What’s different here
New York regulates telemarketing mainly through General Business Law § 399-z. It defines a telemarketing sales call as a telephone call or electronic messaging text made to induce payment for goods or services, so its rules reach sales texts as well as voice calls. Calls that deliver a prerecorded message require the customer's express agreement in writing, and calls to numbers on the national do-not-call registry are barred. The Secretary of State can fine up to $20,000 for each violation.
Source: N.Y. Gen. Bus. Law § 399-z; N.Y. Gen. Bus. Law § 399-p ↗
Compliance checklistFederal baseline
01Consent language names the calling party, not “our partners”
02Checkbox unchecked by default and unbundled from terms
03Opt-outs accepted by any reasonable method, not STOP only
04Suppression propagates across voice, SMS, and email
More on New York8 sections
Consent/consentCalling hours/calling-hoursRegistration/registrationDNC compliance/dncDNC registry/dnc-registryEnforcement/enforcementCase law/case-lawPending legislation/pending-legislation
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