What consent is required for SMS Compliance 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 SMS Compliance Compliance

Text message marketing 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 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.

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

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 →