An update to New York law was adopted in December 2022 requiring telemarketers to offer the option to be automatically added to the seller’s entity specific do-not-call list at the beginning of each outbound sales call to customers located in New York (New York residents or those with phone service tied to New York).
This requirement goes into effect on March 3, 2023. Fines can be up to $11,000 per violation.
Under current regulations for the existing law, there are exceptions for:
- Calls made to a customer that has expressly made a written or verbal request for the call, or
- After an established business relationship exists based on the consumer’s purchase or transaction with the telemarketer within the 18 months prior to the date of the telephone call, or on the basis of the consumer’s inquiry or application regarding products or services offered by the telemarketer within the three months immediately preceding the date of the call.
These exceptions do not apply to an initial outbound call, but could apply to follow-up conversations made after an initial outbound call if they are related to an ongoing conversation that the customer has requested continue, or made in connection with an enrollment within the timeframes noted for established business relationships.
This is neither legal nor accounting advice. If you have questions, please consult a lawyer or accountant. The information included in this post was provided by the entity referenced herein.
