What consent is required for Cold Calling 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 Cold Calling Compliance

Voice call compliance rules for outbound telemarketing in New York

⚠

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 Cold Calling operations here.

Consent Requirements

Consent LevelPrior Express

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, 399-pp, 399-z

New York requires prior express consent for live voice telemarketing calls. No written consent required for manual live calls to non-DNC numbers. However, prerecorded messages require prior express WRITTEN consent including the customer's telephone number and signature. For ATDS calls to cell phones, federal TCPA prior express written consent still applies. NY's state-level ATDS definition is focused on prerecorded message delivery devices rather than all automated dialing, making it narrower than states like Florida. The practical compliance path: manual dialing to non-DNC numbers with proper caller ID and disclosure is the lowest-risk approach.

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

Cold Calling Compliance Checklist

01Verify calling hours in recipient's local timezone

02Scrub against National DNC Registry (every 31 days minimum)

03Scrub against state DNC list if applicable

04Maintain internal opt-out/DNC list

05Identify yourself and your company at start of call

06Provide contact information on request

07Honor opt-out requests immediately

08Ensure consent if using ATDS or prerecorded messages

09Register as telemarketer if state requires

10Document all consent and opt-out records

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

Stay Current

Weekly compliance digest

New enforcement actions, statute updates, and rule changes — delivered once a week. Know what changed before your next dial session.

Compliance, built in

Need an AI workforce that knows the rules?

Chief is the AI workforce for real estate operators. Calling, texting, and follow-up that respects New York consent requirements, calling hours, and DNC rules without you babysitting the dialer.

See Chief →

Or book a compliance review

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 →