Update on New York DO NOT CALL List and Telephone Calls to NY

Dear Companies That Sell via Telephone to Consumers in New York,

New York Governor Hochul signed an amendment into the law governing telemarketing sales efforts in New York State. This is an update to the “No Telemarketing Sales Calls Statewide Registry.”  (The state DNC registry).

This new law will further restrict the manner that telemarketing sales calls may be conducted in New York and pertains to those making sales and marketing calls with New York residents for all industries, unless otherwise exempt.

This law applies to unsolicited calls to New York Consumers. It also applies to consumers who are called without the correct, very detailed, specific New York disclosure and disclaimers (which are more specific than most states, and generally apply similar to TCPA consent in webforms and lead slips). 

While this email can’t provide legal advice, generally calling to an active, current customer will not generate violations.

Here are the Updates:

1. The revised law requires telemarketers to give customers the option to be added to a telemarketing company’s internal Do-Not-Call list at the outset of all sales calls.   

a. Specifically, the right to be added to the internal Do-Not-Call list must be disclosed immediately after the individual who is calling on behalf of the telemarketing company (or seller) is identified and before the call proceeds further. 

b. The prior existing law did not mandate WHEN notice must be given just that it must. 

2. If you are using pre-recorded messages (hopefully lawfully) that could be answered by consumers, you must allow consumers to automatically add their phone number to the Do-Not-Call list by pressing a key or via an automated interactive phone system.

3. If your company prompts for messages to be left on voicemail through a pre-recorded message, a toll-free number must be provided that consumers can call to reach an automated service that will add consumer telephone numbers to your company’s Do-Not-Call lists.

If the New York Secretary of State finds that a company (telemarketer or seller) violates this law, the State is authorized to impose fines of up to $11,000.

Please note that these changes will take effect on March 6, 2023.

Here is the NY DNC law below, as you can see the revisions underneath it.

Note: THE REVISIONS APPEAR IN CAPITAL LETTERS.

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Subdivision 2 of 399-z of the general business law, as amended by chapter 239 of the laws of 2017, is amended to read as follows:

2. No telemarketer or seller shall engage in telemarketing at any time other than between 8:00  A.M. and 9:00 P.M. at the location of the customer unless the customer has given his or her express consent to the call at a different time. Telemarketers shall provide, in a clear and coherent manner using words with common and everyday meanings, at the beginning of each telemarketing sales call all of the following information, PROVIDED THAT THE INFORMATION SET FORTH IN PARAGRAPHS A AND B OF THIS SUBDIVISION SHALL BE GIVEN TO THE CUSTOMER FIRST:

a.  the telemarketer's name and the person on whose behalf the solicitation is being made, if other than the telemarketer;

b. the [purpose of the telephone  call]  OPTION  TO  BE  AUTOMATICALLY  ADDED  TO  THE SELLER'S ENTITY SPECIFIC DO-NOT-CALL LIST, AS REQUIRED BY SUBDIVISIONS SEVEN, EIGHT, AND NINE OF THIS SECTION;

c. [the identity of the goods or services for  which a fee will be charged; and] whether the call is being recorded;

d. THE PURPOSE OF THE TELEPHONE CALL; AND

e. THE  IDENTITY OF THE  GOODS OR SERVICES FOR WHICH A FEE WILL BE CHARGED.

As you can read from above, New York is plainly trying to cut down on robo and other calls. Here is the Governor’s release:

Governor Kathy Hochul today signed legislation to crack down on unwanted telemarketing calls. Legislation requires telemarketers to give customers the option to be added to the company's do-not-call list at the outset of certain telemarketing calls. The new legislation will help to safeguard New Yorkers from continuous unwanted calls.

"We are dialing up our efforts to give New Yorkers a break from unsolicited telemarketing calls," Governor Hochul said. "For too long, New Yorkers have dealt with these nuisance calls, not knowing they can avoid these interactions by being added to a telemarketer's do-not-call list. This new legislation will protect New Yorkers from receiving frustrating, unwanted calls by better providing information on do-not-call lists."

Legislation requires telemarketers to give customers the option to be added to the company's do-not-call list at the outset of certain telemarketing calls, right after the telemarketer's name and solicitor's name are provided. Under current law, telemarketers are required to inform individuals that they may request to be added to their company's do-not-call list. However, consumers usually hang up before a telemarketer or recording has mentioned the do-not-call list, allowing telemarketers to continue calling them again and again. By giving consumers the do-not-call list information at the onset of telemarketing calls, this legislation will ensure that New Yorkers are protected from incessant, unwanted calls.

If you have questions, please call me directly at (954) 343-6959.

Robby H. Birnbaum, Esq.

Greenspoon Marder, LLP

100 West Cypress Creek Road, Suite 700

Fort Lauderdale, Florida 33309

Direct Telephone: (954) 343 6959

Direct Facsimile: (954) 343 6960

Robby.Birnbaum@gmlaw.com