What consent is required for AI Voice in New York?

New York has a mini-TCPA (N.Y. Gen. Bus. Law §§ 399-p, 399-z) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in New York?

New York restricts telemarketing calls to 08:00:00–21:00:00 local time.

What is the penalty per violation in New York?

Up to $2,000 per violation (or $20,000 for willful violations). Private right of action available.

Is registration required to telemarket in New York?

Yes — New York requires telemarketer registration before placing calls.

Home / States / New York

New York Telecom Compliance Guide

Telecom Compliance Reference — Updated September 2023

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$2,000

Registration

Required

Overview Calling Hours Consent Registration DNC Compliance DNC Registry Enforcement Case Law Legislation

New York AI Voice Compliance

AI-generated voice agent compliance rules in New York

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Mini-TCPA State — N.Y. Gen. Bus. Law §§ 399-p, 399-z

New York has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for AI Voice operations here.

Consent Requirements

Consent LevelWritten Consent Required

One-to-One Consent Required

Shared consent from lead generators is NOT valid. Consent must specifically name your company.

Checkbox ConsentValid

StatuteN.Y. Gen. Bus. Law § 399-p; 47 U.S.C. § 227; FCC Feb 2024 Ruling

AI voice agents calling NY consumers face layered federal and state regulation. The FCC's February 2024 declaratory ruling classified AI-generated voices as "artificial" under TCPA — requiring prior express written consent for AI voice calls to cell phones and residential lines. Under NY GBL § 399-p, an AI system that delivers messages without a live operator qualifies as an automatic dialing-announcing device. AG enforcement under Exec. Law § 63(12) adds unlimited penalty exposure for deceptive AI voice campaigns. Additionally, FTC impersonation rules and NY GBL § 349 deceptive practices apply if the AI fails to identify itself as artificial. Highest-risk channel in New York outside of mass robocall campaigns.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationRequired

Penalty / Violation$2,000

Willful Violation$20,000

Private Right of ActionYES

AI Voice Compliance Checklist

01Disclose AI nature at start of call — many states require this

02Obtain prior express consent before using AI voice

03Honor opt-out during the call immediately

04Check if state's ATDS definition covers AI voice dialers

05Apply same calling-hours rules as live agents

06Scrub DNC lists before each campaign

07Maintain call records and consent documentation

08Register as telemarketer if state requires

09Ensure AI cannot misrepresent itself as human

10Check for state-specific AI disclosure mandates

This checklist covers common requirements. State-specific rules may vary. Confirm with legal counsel for high-volume campaigns.

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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 →