New York SMS Compliance Compliance
Text message marketing compliance rules in New York
Mini-TCPA State — N.Y. Gen. Bus. Law § 399-z; N.Y. Gen. Bus. Law § 399-p
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
Federal one-to-one consent rule: vacated
The FCC rule requiring consent to name each seller was vacated by the Eleventh Circuit on January 24, 2025 and never took effect. Source
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. The FCC one-to-one consent rule, which would have required consent specific to each seller, was vacated in January 2025 and never took effect. 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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See Chief →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 →