Can a telemarketer call me if I'm on the Do-Not-Call list?

What the Law Says

Both federal and New York state laws restrict telemarketing calls to numbers on the Do-Not-Call Registry. The federal Telemarketing Sales Rule (TSR) and New York’s General Business Law work together to limit unwanted calls — with NY law sometimes offering stronger enforcement.

The National Do-Not-Call Registry is run by the Federal Trade Commission (FTC). Once you register your phone number at donotcall.gov, most commercial telemarketers must stop calling you within 31 days. Your registration lasts for 5 years and is automatically renewed unless you remove it.

New York General Business Law § 399-pp makes it illegal for any person or business to initiate a telemarketing call to a consumer whose number appears on the National Do-Not-Call Registry — unless an exception applies. It also prohibits calls outside of legal hours (1:00 PM to 9:00 PM local time) and requires caller ID transmission.

Violations of NY GBL § 399-pp are subject to civil penalties of up to $1,000 per violation, enforceable by the New York Attorney General or through private lawsuits.

Statutory Text

It shall be unlawful for any person or business to initiate a telemarketing call to a consumer whose telephone number appears on the national do-not-call registry.

— N.Y. Gen. Bus. Law § 399-pp(2) — Prohibition on telemarketing calls to registered numbers

Statutory Text

Any person who violates the provisions of this section shall be liable for a civil penalty not to exceed one thousand dollars for each violation.

— N.Y. Gen. Bus. Law § 399-pp(6) — Penalties

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