Notes

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.

ATDS Definition

GBL § 399-p defines "automatic dialing-announcing device" as any automatic equipment which incorporates a storage capability of telephone numbers to be called and is used, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called without the use of an operator. Prohibits devices using random or sequential number generators. This definition is narrower than many state mini-TCPAs and generally tracks the federal TCPA post-Duguid standard — focused on prerecorded/automated delivery rather than all stored-number dialing.

Statute

N.Y. Gen. Bus. Law §§ 399-p, 399-pp, 399-z

Notes

SMS marketing to NY consumers is regulated under both state and federal law. GBL § 399-z explicitly includes "electronic messaging text" in its definition of telemarketing sales calls — meaning the $20,000 per violation penalty applies to unsolicited marketing texts. Federal TCPA requires prior express written consent for automated text messages to cell phones. FCC one-to-one consent rule (effective Jan 2025) requires consent specific to each seller — purchased lead lists with bundled consent are unusable. Build first-party opt-in lists. Unsolicited marketing texts to DNC-registered numbers compound state and federal exposure.

ATDS Definition

Text messages sent via automated platforms to NY consumers are regulated under GBL § 399-z which covers "electronic messaging text" as a form of telemarketing sales communication. While GBL § 399-p's ATDS definition focuses on voice/prerecorded messages, the federal TCPA ATDS rules and FCC one-to-one consent requirement (Jan 2025) apply to all automated text messages to cell phones.

Statute

N.Y. Gen. Bus. Law § 399-z; 47 U.S.C. § 227

Notes

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.

ATDS Definition

No separate AI voice statute exists in New York as of the last update. AI voice calls that deliver automated messages without a live operator fall under GBL § 399-p's automatic dialing-announcing device provisions. The FCC ruled in February 2024 that AI-generated voices constitute "artificial" voices under the TCPA, requiring prior express written consent for AI voice calls to cell phones. NY Exec. Law § 63(12) provides additional AG enforcement authority against deceptive AI voice practices.

Statute

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

Notes

Prerecorded telemarketing messages in New York require the highest level of consent: prior express written agreement with the customer's telephone number AND signature. The agreement must clearly disclose its purpose (authorizing prerecorded calls), cannot be a condition of purchase, and must specifically identify the seller authorized to make such calls. This is one of the most detailed prerecorded consent requirements at the state level. Civil penalty up to $2,000 per prerecorded call in violation. Federal TCPA layered on top. EBR exemption is limited — existing customers still need written consent for prerecorded commercial messages.

ATDS Definition

GBL § 399-p explicitly addresses prerecorded telemarketing messages. The statute requires an express written agreement containing the customer's telephone number and signature, obtained after clear disclosure that the purpose is to authorize prerecorded telemarketing calls, and not required as a condition of purchase.

Statute

N.Y. Gen. Bus. Law § 399-p(6)(b); 399-pp(6)

Notes

Treat RVM as requiring prior express written consent when targeting New York consumers. While NY has not issued definitive guidance on RVM classification, the federal TCPA framework and FCC signals treat RVM as a "call." Using RVM for commercial solicitation to NY consumers without consent exposes you to both federal TCPA liability and potential NY GBL § 399-z violations (unsolicited telemarketing). The conservative and correct approach is to obtain written consent before any RVM campaign to NY numbers.

ATDS Definition

RVM legal status in New York is not explicitly addressed by statute. However, the FCC has signaled that RVM constitutes a "call" under federal TCPA. NY courts have not issued a definitive ruling on whether RVM falls under GBL § 399-p's automatic dialing device provisions, but the trend nationally is toward treating RVM as a regulated communication requiring consent.

Statute

N.Y. Gen. Bus. Law § 399-p; 47 U.S.C. § 227

Notes

Same consent framework as SMS. MMS marketing messages to NY consumers using automated platforms require prior express written consent under federal TCPA. GBL § 399-z's "electronic messaging text" provision covers MMS, meaning the $20,000 per violation state penalty applies to unsolicited MMS marketing. No distinction between SMS and MMS for consent purposes under either state or federal law.

ATDS Definition

MMS (multimedia messaging) is treated identically to SMS under federal TCPA automated messaging provisions. GBL § 399-z covers "electronic messaging text" which encompasses MMS. No separate MMS-specific provision exists in NY law.

Statute

N.Y. Gen. Bus. Law § 399-z; 47 U.S.C. § 227

Notes

Unsolicited fax advertising prohibited under both federal and NY law. Prior express consent required. EBR provides exemption for existing business relationships under JFPA with opt-out notice on each fax. NY-specific fax violations can be pursued under GBL § 349 deceptive practices or GBL § 399-p in addition to federal TCPA.

ATDS Definition

Fax solicitations are governed primarily by federal TCPA and the Junk Fax Prevention Act (JFPA, 47 U.S.C. § 227(b)(1)(C)). New York consumer protection statutes (GBL §§ 349, 399-p) also apply to unsolicited commercial fax advertising.

Statute

N.Y. Gen. Bus. Law § 399-p; 47 U.S.C. § 227(b)(1)(C)