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New York

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 Enforcement Case Law Legislation

Solar Sales Telemarketing Compliance in New York

Solar and energy telemarketing compliance in New York

Guide last reviewed: January 2025

⚠

Mini-TCPA State — N.Y. Gen. Bus. Law §§ 399-p, 399-z

New York imposes stricter consent and calling requirements than federal TCPA.Solar Sales companies operating here face $2,000 per-violation penalties.

New York Solar Sales Overview

Solar telemarketing in New York faces the same dual-layer enforcement as other industries, but with elevated AG attention on deceptive practices. The AG's office under Letitia James has made consumer protection in clean energy marketing a priority. Misrepresenting government incentives, implying utility company endorsement, or using fake urgency on solar offers triggers GBL § 349 liability ON TOP of telemarketing violations. The AG can pursue unlimited penalties under Exec. Law § 63(12). Combined with $20,000/violation DNC penalties under GBL § 399-z, one non-compliant solar campaign targeting NY consumers creates significant enforcement exposure. The path forward: first-party lead generation, inbound marketing, door-to-door with proper licensing, and direct mail. Automated outbound without verified consent is not viable.

Penalty/Violation

$2,000

Willful

$20,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Register with NY Department of State as telemarketing business before any outbound calling campaign,Scrub Federal NDNC before every dial campaign — $20,000/violation penalty under GBL § 399-z,At call start (within 30 seconds): identify yourself, your company, and offer DNC opt-out,Written consent required for prerecorded messages — must include customer signature and phone number,Do not misrepresent government incentives, utility company affiliations, or program deadlines — NY AG specifically targets deceptive solar practices under GBL § 349 and Exec. Law § 63(12),AI voice calls must identify as AI at call start per FCC ruling and GBL § 349 deceptive practices,Never block caller ID — GBL § 399-p(6-a) prohibition,Honor opt-out requests immediately and add to entity-specific DNC list,Do not call during declared states of emergency in any NY county,Post-FCC one-to-one consent rule (Jan 2025): consent must be specific to YOUR company — purchased solar lead lists with bundled consent are legally useless,Maintain 24-month records of all telemarketing activity,Do not share customer data with third parties without express written consent

What Gets Companies Sued

✗Top violations for solar companies in NY: (1) Misrepresenting government solar incentives ("IRA tax credits are ending soon!") — the AG treats this as deceptive practices under GBL § 349 and Exec. Law § 63(12); (2) Automated calling campaigns to DNC-registered numbers without scrubbing; (3) Failure to register with DOS; (4) Not providing DNC opt-out at call start per Nuisance Call Act; (5) Caller ID spoofing local NY area codes for outbound prospecting; (6) Using AI voice agents that fail to identify as artificial.

Special Exemptions

No meaningful solar-specific exemptions exist in New York. EBR applies only for existing customers (prior installation, service agreement, or consultation). Cold calling solar prospects has no exemption from DNC, disclosure, or registration requirements.

Key State Rules

Mini-TCPAYes

RegistrationRequired

Class ActionsAllowed

Consent Requirements→Registration Details→DNC List→

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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 →