New York Telemarketing and Cold Calling Laws
In New York, sales calls are allowed 8 a.m.–9 p.m., the National Do Not Call Registry applies, and recording a call needs one party’s consent.
New York rules next to federal law
| Rule | New York | Federal baseline |
|---|---|---|
| Calling hours | Same 8:00 a.m.-9:00 p.m. window as federal law (customer's location) unless the customer expressly consents to another time. Unsolicited telemarketing sales calls are also banned to anyone in a county, city, town or village under a declared state of emergency or disaster emergency.N.Y. Gen. Bus. Law § 399-z(2), (5-a); § 399-pp(7)(d) | Telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time.47 C.F.R. § 64.1200(c)(1) |
| State do-not-call list | The National Do Not Call Registry serves as New York's statewide registry; unsolicited telemarketing calls or texts to a number that has been on it for 31 days are prohibited. Callers must also offer, at the start of each call, to add the customer to the seller's company-specific do-not-call list.N.Y. Gen. Bus. Law § 399-z(2), (4), (5) | No telephone solicitations to residential or wireless numbers on the National Do Not Call Registry, subject to the rule’s exemptions such as an established business relationship.47 C.F.R. § 64.1200(c)(2) |
| Autodialer and consent | No state consent rule; § 399-p sets operating rules instead. Automatic dialing-announcing devices must state the nature of the call and who it is from at the start and give an address and phone number at the end, must disconnect when either party hangs up, and may not use random or sequential number generation.N.Y. Gen. Bus. Law § 399-p | Autodialed or prerecorded telemarketing calls to wireless numbers need the called person’s prior express written consent.47 C.F.R. § 64.1200(a)(2) |
| Caller ID | Telemarketers and sellers may not knowingly cause caller ID to show misleading, inaccurate or false information (showing the seller's name and number is allowed). Within the first 30 seconds they must give the telemarketer's name and the party they are calling for.N.Y. Gen. Bus. Law § 399-z(2), (2-a); § 399-p(6-a) | Telemarketers must transmit caller ID with a number that can be called back during business hours.47 C.F.R. § 64.1601(e) |
| Telemarketer registration | Telemarketers need a certificate of registration from the Department of State: $500 nonrefundable fee, two-year term, and a $25,000 bond, letter of credit or certificate of deposit. Some businesses are exempt from registration and bonding, and businesses licensed or registered with a state or federal agency are exempt from the fee and bond.N.Y. Gen. Bus. Law § 399-pp(3), (4), (10), (10-a) | No general federal equivalent |
| Call recording consent | Eavesdropping is a crime only without the consent of a sender or receiver (or at least one party). Separately, telemarketers must say within the first 30 seconds of each sales call whether the call is being recorded.N.Y. Penal Law §§ 250.00, 250.05; N.Y. Gen. Bus. Law § 399-z(2) | Federal law allows recording when one party to the call consents.18 U.S.C. § 2511(2)(d) |
| Business-to-business calls | Yes, with a limit. § 399-pp (registration, disclosures, hours) does not apply to calls between a telemarketer and any for-profit business, except calls about the retail sale of nondurable office or cleaning supplies. § 399-z protects 'customers,' defined as natural persons who live in New York.N.Y. Gen. Bus. Law § 399-pp(10)(b)(4); § 399-z(1) | No general federal equivalent |
Recent changes
- 2024: Ch. 539 (signed November 25, 2024; effective immediately) requires the § 399-z and § 399-pp disclosures no later than 30 seconds into the call and requires telemarketers to disclose the address of the companies they sell for.
- 2023: Ch. 365 (signed September 13, 2023) raised the maximum § 399-z fine to $20,000 per violation.
- 2022: Legislation (A8319/S8450) put the caller's name and the seller's name first in the required disclosures, followed by the offer to join the seller's do-not-call list.
- 2021: Ch. 239 (signed July 13, 2021; effective 30 days later) brought text messages within § 399-z.
Calling New York from a sales team
- Schedule call blocks in the prospect’s local time, not the rep’s.
- Check numbers against the National Do Not Call Registry before each campaign, and honor opt-outs right away.
- If a call may cross into an all-party state, announce the recording anyway.
Trellus dials from the CRM list your reps already work, with each call logged back to the record. See the power and parallel dialer.
New York calling questions
What are the legal calling hours in New York?
Same 8:00 a.m.-9:00 p.m. window as federal law (customer's location) unless the customer expressly consents to another time. Unsolicited telemarketing sales calls are also banned to anyone in a county, city, town or village under a declared state of emergency or disaster emergency. (N.Y. Gen. Bus. Law § 399-z(2), (5-a); § 399-pp(7)(d)). Federal law also limits telephone solicitations to 8 a.m. to 9 p.m. local time.
Does New York have its own do-not-call list?
The National Do Not Call Registry serves as New York's statewide registry; unsolicited telemarketing calls or texts to a number that has been on it for 31 days are prohibited. Callers must also offer, at the start of each call, to add the customer to the seller's company-specific do-not-call list. (N.Y. Gen. Bus. Law § 399-z(2), (4), (5))
Is New York a one-party or all-party consent state for recording calls?
Eavesdropping is a crime only without the consent of a sender or receiver (or at least one party). Separately, telemarketers must say within the first 30 seconds of each sales call whether the call is being recorded. (N.Y. Penal Law §§ 250.00, 250.05; N.Y. Gen. Bus. Law § 399-z(2))
Do New York telemarketing rules apply to business-to-business calls?
Yes, with a limit. § 399-pp (registration, disclosures, hours) does not apply to calls between a telemarketer and any for-profit business, except calls about the retail sale of nondurable office or cleaning supplies. § 399-z protects 'customers,' defined as natural persons who live in New York. (N.Y. Gen. Bus. Law § 399-pp(10)(b)(4); § 399-z(1))
Do telemarketers need to register in New York?
Telemarketers need a certificate of registration from the Department of State: $500 nonrefundable fee, two-year term, and a $25,000 bond, letter of credit or certificate of deposit. Some businesses are exempt from registration and bonding, and businesses licensed or registered with a state or federal agency are exempt from the fee and bond. (N.Y. Gen. Bus. Law § 399-pp(3), (4), (10), (10-a))
This page summarizes New York and federal rules for general information. It is not legal advice, rules change, and exemptions depend on the facts of your calls. Read the cited sources or ask counsel before relying on it.