New York SMS Compliance Compliance
Text message marketing 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 SMS Compliance operations here.
Consent Requirements
One-to-One Consent Required
Shared consent from lead generators is NOT valid. Consent must specifically name your company.
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.
Calling Rules
SMS Compliance Compliance Checklist
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Book a Compliance Call →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 →