New York Agency Reminds That Unsolicited Telemarketing Calls Illegal During State Of Emergency

The New York State Division of Consumer Protection reminded businesses that, pursuant to a recently adopted state law, unsolicited telemarketing sales calls to anyone in an area subject to a declared state of emergency are prohibited

On March 7, 2020, Governor Cuomo declared a state of emergency relating to the novel coronavirus outbreak.

The law (A.117A/S.4020A) makes it unlawful for any telemarketer doing business in New York to make an unsolicited telemarketing sales call to any person in a county, city, town or village under a declared state of emergency or disaster emergency.

An unsolicited telemarketing sales call means any telemarketing sales call other than a call made:

• in response to an express written or verbal request by the customer; or

• in connection with an established business relationship, which has not been terminated by either party, unless such customer has stated to the telemarketer that such customer no longer wishes to receive the telemarketing sales calls of such telemarketer.

Businesses engaged in telemarketing activity in New York State should consult with their attorneys prior to engaging in unsolicited telemarketing sales calls in this state while the state of emergency remains in effect. Violating the new law can result in the imposition of thousands of dollars in civil penalties, the Division of Consumer Protection said