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Telecom Compliance Reference — Updated September 2023

Mini-TCPA State — High Risk

Calling Hours

8:00 AM9:00 PM

Min Penalty

$2,000

Registration

Required

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.

Calling Rules

Calling Hours8:00 AM9:00 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.

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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 →