What consent is required for Ringless Voicemail 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 Ringless Voicemail Compliance

RVM (ringless voicemail drop) compliance rules in New York

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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 Ringless Voicemail 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 ConsentValid

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

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.

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

Ringless Voicemail Compliance Checklist

01Legal status is unsettled — treat as prerecorded call

02Obtain prior express written consent to be safe

03Check if your state has banned or restricted RVMs

04Include your company name and callback number in message

05Provide opt-out instructions in the message

06Honor opt-out requests from any channel

07Apply calling-hours rules — time of delivery matters

08Scrub DNC lists before sending

09Do not send to numbers on national or state DNC lists

10Consult counsel before deploying at scale in high-risk states

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 →