New York Telemarketing Fraud Laws

It's happened to everyone. You answer your phone and immediately regret it when you hear you the hypersonic voice that is clearly following a carefully-worded script. The caller's goal is to separate you from your money. Telemarketers can be annoying, but there's a difference between legitimate telemarketing calls and telemarketing fraud. A typical case of telemarketing fraud begins with an initial phone contact with a person. The caller commits fraud when he or she persuades a person into giving up money or information by making false promises or misleading statements.

Scams that use the telephone to deceive people into revealing financial and personal information -- or giving them money -- can take many forms, such as credit card or debt relief offers, charitable donation solicitations, international lottery scams, and travel package scams. The individuals involved in these telemarketing fraud scams can face both federal and state charges in New York.

Mandatory Disclosures

In addition to the regulations administered by the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC), a telemarketer must also comply with the state laws concerning telemarketing. New York has fairly strict laws regulating telemarketing practices. For instance, New York is one of the states that require a telemarketer to make specific disclosures when talking to callers.

The Do Not Call Registry

Many consumers prevent numerous unwanted sales calls by signing up for the National Do Not Call Registry. Although New York does not have its own state-specific Do Not Call list, the state does follow the national DNC list and state law prohibits any telemarketer from calling any person who registers on that list.

New York Telemarketing Fraud Laws at a Glance

The chart below provides a summary of state laws related to New York telemarketing fraud, including links to important code sections.

Statutes

  • Telemarketing and Consumer Fraud and Abuse Prevention Act: NY GBS 399-pp
  • New York telemarketing; mandatory disclosure, "do-not-call" registry, curfew: NY GBS 399-z

Statutory Requirements

Mandatory disclosures include the following:

  • The telemarketer's real name and the company's street address and the company's name if other than the telemarketer
  • The purpose of the telephone call
  • The identity of the goods or services for which a fee will be charged and the cost of the goods or services
  • Cancellation rights of the customer

"Do not call" registry: No telemarketer can call any customer registered on the national "do not call" registry.

Telemarketers must only make calls during the following hours: 8:00 a.m. to 9:00 p.m.

Penalties

  • Penalties vary from imprisonment to probation, depending on how the fraud took place and the amount of money illegally obtained and whether additional criminal charges besides telemarketing fraud apply
  • Fines are also possible

Related Offenses

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

New York Telemarketing Fraud Laws: Related Resources

Contact an New York Attorney about Your Case

New York's telemarketing fraud laws can be complex. If you've been accused of participating in a New York telemarketing fraud scam, then you probably want to get help with your case. Consider contacting a New York defense attorney who understands the law and can explain your options.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.