Stopping Robocalls in New York
I keep getting robocalls — here's what New York law says and what to do next.
Statute: N.Y. Gen. Bus. Law § 399-z (New York Telemarketing and Consumer Fraud and Abuse Prevention Act)
Deadline: 1460 days
Penalty: violations may result in actual damages, civil penalties up to $11,000 per violation, and attorney fees. New York maintains its own state Do Not Call registry
What is stopping robocalls?
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.
What to Do If You Keep Getting Robocalls and Spam Calls
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.
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.
What you should 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.
You shouldn't have to hire a lawyer to assert your rights.
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Generate your tcpa complaint →This page is general legal information for New York, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in New York.