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NY

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 Ringless Voicemail Compliance

RVM (ringless voicemail drop) 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 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.

Calling Rules

Calling Hours8:00 AM9:00 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 →