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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 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

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-z; 47 U.S.C. § 227

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

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

SMS Compliance Compliance Checklist

01Obtain express written consent before sending marketing texts
02Use compliant opt-in language identifying your company
03Honor STOP/OPT-OUT/UNSUBSCRIBE replies immediately
04Send opt-out confirmation within one text
05Disclose message frequency at opt-in
06Include "Msg & Data rates may apply" disclosure
07Do not send texts during prohibited hours
08Scrub against DNC lists before campaigns
09Check if state requires one-to-one consent
10Register 10DLC campaigns before sending
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 →