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NY telemarketing rules

New York telemarketing rules

New York requires telemarketers to register with the Secretary of State and post a bond, limits telemarketing calls and texts to 8 a.m. to 9 p.m., uses the national do not call registry, and requires a signed written agreement for prerecorded sales calls.

From official sources, checked September 26, 2026. General information, not legal advice.

Key facts

  • A telemarketer's certificate of registration lasts two years.
  • A telemarketer may not knowingly make an unsolicited telemarketing sales call to a person in a county, city, town, or village under a declared state of emergency or disaster emergency.
  • Telemarketers and sellers must keep records of their telemarketing activities for 24 months.
  • New York's do not call law became effective in 2001, according to the Department of State.

Registration and bond with the Secretary of State

N.Y. Gen. Bus. Law 399-pp(3), (4), (10)

No person may act as a telemarketer without a certificate of registration from the Secretary of State; employees of telemarketers are exempt. A certificate lasts two years, and applicants also file a bond, letter of credit, or certificate of deposit. Registration and bonding do not apply to government bodies, degree granting institutions, nonprofit and charitable organizations, or a retailer that has operated a New York store under the same name for at least three years, where most of its business involves buyers obtaining products or services at that location.

Calling hours

N.Y. Gen. Bus. Law 399-z(1)(i), (2); 399-pp(7)(d)

No telemarketer or seller may engage in telemarketing, which the law defines to include electronic messaging texts, outside 8 a.m. to 9 p.m. at the customer's location unless the customer has given express consent to a call at a different time. The section sets no separate weekend or holiday hours, and the registration act bars telemarketing to a person's residence outside the same hours.

The national registry serves as New York's list

N.Y. Gen. Bus. Law 399-z(1)(k), (4), (5); 19 NYCRR 220.1

The Department of State's rule adopts the national do not call registry as New York's statewide registry, as the statute authorizes. No telemarketer or seller may make an unsolicited telemarketing sales call to a customer whose number has been on the national registry for 31 days. Calls within an established business relationship that neither party ended, or made at the customer's express written or verbal request, are not unsolicited.

Prerecorded sales calls

N.Y. Gen. Bus. Law 399-z(6), (7)

No telemarketer or seller may initiate a telemarketing sales call that delivers a prerecorded message without the customer's express written agreement. The agreement must follow a clear and conspicuous disclosure that it authorizes sales calls, may not be required as a condition of purchase, must show willingness to receive calls from a specific seller, and must include the customer's number and signature. Prerecorded calls must offer an automated opt out that adds the number to the seller's do not call list and ends the call.

Consent and sharing customer information

N.Y. Gen. Bus. Law 399-z(1)(k), (10)

An unsolicited telemarketing sales call is one not made at the customer's express written or verbal request and not within an established business relationship that neither party has ended. No telemarketer or seller may transmit or share a customer's name, telephone number, or email address that the customer provided to it with any other person or entity without the customer's express agreement in writing or in electronic format, unless the law, a lawful subpoena, or a court order requires it.

Opening disclosures and caller ID

N.Y. Gen. Bus. Law 399-z(2), (2-a)

Within the first 30 seconds of each telemarketing sales call, the telemarketer must give its name and the person it calls for, the option to be added to the seller's do not call list, whether the call is being recorded, the purpose of the call, and the goods or services for which a fee will be charged. The first two items come first. Telemarketers and sellers may not knowingly send misleading, inaccurate, or false caller ID information, though showing the seller's name or number is allowed.

Calls to businesses

N.Y. Gen. Bus. Law 399-pp(10)(b); 399-z(1)(c)

The do not call law protects customers, defined as natural persons who are New York residents. The registration act exempts telephone calls between a telemarketer and any for profit business, except calls involving the retail sale of nondurable office or cleaning supplies. It also exempts calls where the sale is not completed, and payment or its authorization is not required, until after a face to face sales presentation or meeting.

Recording calls

N.Y. Penal Law 250.00, 250.05; N.Y. Gen. Bus. Law 399-z(2)(c)

New York's eavesdropping law defines wiretapping as intentionally overhearing or recording a telephonic communication by a person other than a sender or receiver, without the consent of either the sender or receiver, and makes eavesdropping a class E felony. Separately, the do not call law requires a telemarketer to tell the customer at the start of each telemarketing sales call whether the call is being recorded.

Questions

Do New York telemarketing rules apply to sales texts?

Yes. The do not call law defines a telemarketer as a person who makes telemarketing sales calls or electronic messaging texts to a customer in New York. Under the same law, a telemarketing sales call includes an electronic messaging text made to induce payment for goods or services.

Does New York registration apply to setting appointments for in person sales visits?

The registration act's requirements do not apply to calls in which the sale is not completed, and payment or authorization of payment is not required, until after a face to face sales presentation by the telemarketer or a meeting between the telemarketer and customer. That exemption appears in the registration act, not in the do not call law.

Can a business that hires an outside telemarketer be liable in New York?

Under the registration act, a person who contracts with a telemarketer and has actual knowledge that the telemarketer is violating that act is deemed in violation, unless it takes reasonable measures to prevent and correct the conduct. The do not call law's rules apply to sellers as well as telemarketers.

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