Robocall and Telemarketing Rights in New York
Written in plain language for general understanding. This is educational content, not legal advice. Content is researched from federal statutes, state codes, and official government sources. Each article is reviewed for accuracy before publication. Our editorial process
What is this right?
The Telephone Consumer Protection Act (TCPA) is the primary federal law protecting you from unwanted robocalls, spam texts, and telemarketing calls. Under the TCPA, companies generally cannot call or text you using an autodialer or prerecorded voice without your prior express consent.
You have the right to put your number on the National Do Not Call Registry, which blocks most telemarketing calls. Violators face penalties of $500 to $1,500 per illegal call or text — and you can sue them directly in federal court.
When does it apply?
This right applies when:
- You receive automated or prerecorded calls (robocalls) without your consent
- You receive telemarketing calls after placing your number on the Do Not Call Registry
- You receive unsolicited text messages from companies using auto-sending technology
- A company continues to call or text you after you have asked them to stop
Key TCPA rules:
- Consent required: Companies need your prior express written consent before sending marketing robocalls or texts. The FCC attempted to tighten this to require one-to-one consent, but that rule was struck down by a federal court in January 2025. The existing written-consent requirement remains the standard.
- Do Not Call Registry: Telemarketers must check the National DNC Registry every 31 days. Calling a registered number is a violation unless you have an existing business relationship or gave prior consent.
- Time restrictions: Telemarketing calls are prohibited before 8 a.m. and after 9 p.m. in your local time zone.
- Identification required: Callers must identify themselves and provide a callback number.
Common misconceptions:
- "The Do Not Call list stops all calls" — It stops most telemarketing calls, but not calls from political organizations, charities, survey companies, or companies you have an existing business relationship with.
- "I consented once, so they can call forever" — You can revoke consent at any time, by any reasonable method. Once you say "stop calling me" or "stop texting me," they must stop.
- "I can't do anything about robocalls" — You can sue under the TCPA and recover $500-$1,500 per violation. Class action lawsuits against robocallers have resulted in massive settlements.
What should you do?
Step 1: Register your number on the National Do Not Call Registry at donotcall.gov or call 1-888-382-1222. Registration is free and permanent.
Step 2: When you receive an unwanted call, do not press any buttons or engage with the caller. Hang up. Pressing buttons to "opt out" may confirm your number is active and lead to more calls.
Step 3: Document every unwanted call or text. Note the date, time, phone number displayed, company name (if given), and whether a prerecorded message was used. Screenshot spam texts.
Step 4: File complaints with the FTC at reportfraud.ftc.gov and with the FCC at consumercomplaints.fcc.gov. Complaints help regulators identify and shut down major violators.
Step 5: Consider suing under the TCPA. You can recover $500 per violation ($1,500 for willful violations) in federal court. Many TCPA attorneys work on contingency. For a pattern of calls, damages add up quickly.
What should you NOT do?
Don't engage with suspicious callers. Don't confirm your name, press buttons, or say "yes" to unknown callers. Scammers may record your voice or use your responses to authorize fraudulent charges.
Don't give out your number unnecessarily. Every online form, loyalty program, and contest entry is a potential source of telemarketing calls. Read the fine print on consent disclosures.
Don't assume "spoofed" numbers mean you can't take action. Even if the caller ID is fake, the TCPA violation still occurred. Regulators and attorneys can trace the actual caller through subpoenas to phone carriers.
Don't pay for robocall blocking services when free options exist. Most major carriers offer free call-blocking tools (T-Mobile Scam Shield, AT&T Call Protect, Verizon Call Filter). Your phone's built-in settings can also silence unknown callers.
How New York differs from federal law
New York provides state-level robocall protections in addition to federal TCPA rights:
- NY Do Not Call Law (Gen. Bus. Law § 399-z): Establishes a separate New York Do Not Call registry. Telemarketers must check both the federal and NY state registries before calling. Violations carry penalties of up to $11,000 per call.
- State private right of action: NY consumers can sue robocallers in state court for violations of Gen. Bus. Law § 399-z. Consumers may recover actual damages or $500 per violation (trebled to $1,500 for willful violations).
- NY AG enforcement: The NY Attorney General actively pursues illegal robocallers and has obtained multi-million dollar settlements against robocall operations. The AG's office also works with telecom providers to block illegal robocall traffic entering NY.
- Gen. Bus. Law § 349 (deceptive practices): Fraudulent or misleading robocalls can also be challenged under NY's broad deceptive business practices statute, which allows consumers to recover actual damages plus attorney fees.
Additional Steps in New York
Register on the NY Do Not Call list at the NY Department of State website or call (800) 697-1220. File robocall complaints with the NY Attorney General at ag.ny.gov or call (800) 771-7755. Also register on the federal Do Not Call list at donotcall.gov.
Relevant Law: NY Gen. Bus. Law § 399-z (Do Not Call), NY Gen. Bus. Law § 349 (deceptive practices), 19 NYCRR Part 400.16 (telemarketing regulations)
Common Questions
When does robocall and telemarketing rights apply?
This right applies when:You receive automated or prerecorded calls (robocalls) without your consentYou receive telemarketing calls after placing your number on the Do Not Call RegistryYou receive unsolicited text messages from companies using auto-sending technologyA company continues to call or text you after you have asked them to stopKey TCPA rules:Consent required: Companies need your prior express written consent before sending marketing robocalls or texts. The FCC attempted to tighten this to require one-to-one consent, but that rule was struck down by a federal court in January 2025. Th...
What should I do about robocall and telemarketing rights?
Step 1: Register your number on the National Do Not Call Registry at donotcall.gov or call 1-888-382-1222. Registration is free and permanent.Step 2: When you receive an unwanted call, do not press any buttons or engage with the caller. Hang up. Pressing buttons to "opt out" may confirm your number is active and lead to more calls.Step 3: Document every unwanted call or text. Note the date, time, phone number displayed, company name (if given), and whether a prerecorded message was used. Screenshot spam texts.Step 4: File complaints with the FTC at reportfraud.ftc.gov and with the FCC at consu...
What mistakes should I avoid with robocall and telemarketing rights?
Don't engage with suspicious callers. Don't confirm your name, press buttons, or say "yes" to unknown callers. Scammers may record your voice or use your responses to authorize fraudulent charges.Don't give out your number unnecessarily. Every online form, loyalty program, and contest entry is a potential source of telemarketing calls. Read the fine print on consent disclosures.Don't assume "spoofed" numbers mean you can't take action. Even if the caller ID is fake, the TCPA violation still occurred. Regulators and attorneys can trace the actual caller through subpoenas to phone carriers.Don't...
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