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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 Prerecorded Messages Compliance

Robocall and prerecorded message compliance rules 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 Prerecorded Messages 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 ConsentNot sufficient
StatuteN.Y. Gen. Bus. Law § 399-p(6)(b); 399-pp(6)

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.

Calling Rules

Calling Hours8:00 AM9:00 PM
RegistrationRequired
Penalty / Violation$2,000
Willful Violation$20,000
Private Right of ActionYES

Prerecorded Messages Compliance Checklist

01Prior express written consent required for most prerecorded calls
02Disclose name and phone number of calling company at start
03Provide automated opt-out mechanism during call
04Do not abandon calls — hang-up rate limits apply
05Cannot use prerecorded messages on cell phones without consent
06Apply same calling-hours restrictions as live calls
07Scrub DNC lists before every campaign
08Register as telemarketer if state requires
09Do not transmit inaccurate caller ID
10Document consent for every number you call
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 →