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New York

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 Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in New York

Real estate investor cold calling and SMS compliance in New York

Guide last reviewed: January 2025

⚠

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

New York imposes stricter consent and calling requirements than federal TCPA.REI Wholesaling companies operating here face $2,000 per-violation penalties.

New York REI Wholesaling Overview

New York is not as plaintiff-friendly as Florida for TCPA litigation, but the AG and DOS enforcement creates a different kind of risk. The $20,000 per violation penalty under GBL § 399-z (post-September 2023 amendment) means that a single campaign calling 100 DNC-registered numbers creates $2 million in potential state penalties — before federal TCPA exposure is even calculated. The practical compliance path for REI wholesalers targeting NY property owners: (1) Register with DOS; (2) Manual dialing only for cold outreach; (3) Scrub Federal NDNC before every campaign; (4) Lead every call with name, company, and DNC opt-out offer; (5) Build first-party consent for any automated follow-up. Direct mail driving inbound calls is the safest NY acquisition strategy.

Penalty/Violation

$2,000

Willful

$20,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Register with NY Department of State as a telemarketing business ($500 fee + $25,000 surety bond) BEFORE making any outbound calls to NY consumers,If already licensed/registered with a state or federal agency, claim bond/fee exemption but still register with DOS,Scrub against Federal National DNC Registry before every campaign — NY does not have a separate state list but enforces via the federal NDNC,Maintain an entity-specific do-not-call list per the Nuisance Call Act (March 2020),At the start of every call (within 30 seconds): state your name, the company you represent, and offer the customer the option to be added to your DNC list,If customer requests DNC placement, immediately end the call and add the number,Calling hours: 8:00 AM - 9:00 PM local time — same as federal,Manual dialing to non-DNC numbers for live conversations does not require prior written consent under NY state law,Prerecorded messages require prior express written agreement with customer signature and phone number,Do not use ATDS or prerecorded messages to call NY consumers without proper consent,Never block your caller ID — GBL § 399-p(6-a) prohibits caller ID blocking for telemarketers,Do not call any NY county under a declared state of emergency,Honor opt-out requests immediately — add to entity-specific DNC list,Retain all telemarketing records for minimum 24 months per Nuisance Call Act,FCC one-to-one consent rule (Jan 2025): purchased lead lists with bundled consent are unusable for automated outreach,Do not share customer contact information with third parties without express written or electronic consent

What Gets Companies Sued

✗Top violations for REI wholesalers in NY: (1) Failing to register with DOS before making outbound calls — many out-of-state wholesalers assume the old exemption still applies (it was repealed); (2) Not offering DNC opt-out at the start of calls per the Nuisance Call Act; (3) Calling DNC-registered homeowner numbers without scrubbing against the federal NDNC; (4) Using auto-dialer or text blast platforms without proper consent for NY contacts; (5) Blocking caller ID on outbound calls; (6) Failing to maintain 24-month records of calling activity.

Special Exemptions

Real estate licensees have no specific telemarketing exemption in New York (unlike Florida). The EBR exemption under GBL § 399-z applies if you have an existing business relationship with the property owner — but cold calling prospects with whom you have no prior relationship is classified as unsolicited telemarketing. Manual dialing remains viable for cold outreach to non-DNC numbers with proper disclosure compliance.

Key State Rules

Mini-TCPAYes

RegistrationRequired

Class ActionsAllowed

Consent Requirements→Registration Details→DNC List→

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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 →