New York · Federal and State Claims
New York TCPA Lawyer: Robocalls, Spam Texts, and Do Not Call Violations
Consumers in New York are protected by the federal Telephone Consumer Protection Act and, in appropriate cases, by New York telemarketing and do-not-call statutes. GBL § 349 provides a private right of action for deceptive acts and practices.
New York's GBL § 399-p addresses prerecorded messages specifically, making artificial and prerecorded-voice calls a well-developed theory here.
This New York summary is general information drafted from publicly available statutes and is pending final attorney verification. It is not legal advice. Statutes and citations change; confirm current authority before relying on any statement here.
New York at a glance
- Principal state statute
- New York telemarketing and do-not-call statutes (N.Y. Gen. Bus. Law §§ 399-p, 399-z)
- Private right of action
- GBL § 349 provides a private right of action for deceptive acts and practices.
- Potential remedies
- Federal TCPA statutory damages of $500-$1,500; GBL § 349 allows actual damages or a statutory minimum, with possible enhancement.
- Calling hours
- Telemarketing calls are generally restricted to daytime hours; the federal rule bars solicitation calls before 8:00 a.m. or after 9:00 p.m. in the called party's time zone.
- Do Not Call rules
- New York maintains a state do-not-call program coordinated with the national registry.
- State consumer protection act
- New York General Business Law § 349 (N.Y. Gen. Bus. Law § 349)
Last legally reviewed: 2026-08-13. Federal claims are generally subject to a four-year limitations period; state limitations periods vary and may be shorter.
How federal and New York claims work together
A single unwanted call or text can support more than one claim. The federal TCPA addresses how the communication was placed, including autodialed calls, prerecorded and artificial-voice messages, and calls to numbers on the National Do Not Call Registry. New York telemarketing and do-not-call statutes and the New York General Business Law § 349 address conduct under New York law and can add remedies. Federal TCPA statutory damages of $500-$1,500; GBL § 349 allows actual damages or a statutory minimum, with possible enhancement.
If you lived in or traveled through more than one state during the calling period, tell us. The state where you received each communication can change which statutes apply.
Evidence New York consumers should preserve
- Screenshots of every text message, including your STOP reply
- Your call log showing dates, times, and incoming numbers
- Voicemails, especially prerecorded or artificial-voice messages
- Your National Do Not Call Registry registration date
- Any New York state do-not-call registration, if applicable
- The name of the company, brand, or product being promoted
- Notes of when and how you asked the company to stop
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- Federal law provides $500 per violating call or text, up to $1,500 if willful
- Many states add their own telemarketing and do-not-call remedies
- There is no obligation to proceed
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