What hours can telemarketers legally call in New York?
New York places restrictions on when covered telemarketing calls may occur.
Under General Business Law Section 399-z, telemarketing sales calls generally must take place between 8 a.m. and 9 p.m. at the customer's location unless the customer has agreed to a different time.
These restrictions are designed to reduce unwanted commercial interruptions during early morning and late evening hours.
A telemarketing call outside the permitted period may raise a compliance issue, even when the caller operates from another state.
However, the purpose of the call and applicable exceptions must be considered before determining whether a violation occurred.
What information must telemarketers provide?
New York requires covered telemarketers to identify themselves and explain important details about their communications.
Required disclosures generally include the caller's identity, the business represented, the purpose of the call, and whether the communication is recorded.
The law also requires information about the consumer's option to be added to the seller's internal Do Not Call list.
These disclosures must be provided at the beginning of the call, no later than 30 seconds after it begins.
A caller who refuses to identify the business or explain the commercial purpose may be failing to meet statutory requirements.
Did you know? Calling hours depend on the consumer's location
New York's calling-hour restrictions focus on the time where the recipient is located.
Consider a business operating from California that contacts a consumer in Manhattan.
The business cannot simply rely on its own local clock when determining permissible calling hours.
It must account for the applicable time at the consumer's location.
This distinction matters for national telemarketing operations contacting New York residents.
Businesses using automated scheduling systems must consider differences between time zones and applicable legal requirements.
A system that sends calls at a convenient hour for the business may still contact consumers outside permitted periods.
What should consumers do about late-night sales calls?
Consumers receiving suspicious sales calls should document the communication rather than relying only on memory.
The exact time of the call is especially important when the complaint concerns calling-hour restrictions.
A screenshot of the call history may help establish when the communication occurred.
Consumers should also record whether the caller identified the company and described the reason for contacting them.
If the caller continues making unwanted sales calls, the consumer can request placement on the company's internal Do Not Call list.
Complaints involving possible violations of New York's telemarketing requirements can be submitted to the appropriate state authorities.
Federal complaint channels may also apply when the conduct raises federal telemarketing concerns.
Common questions around New York telemarketing hours
Can telemarketers call after 9 p.m.?
Covered telemarketing sales calls generally cannot occur after 9 p.m. at the customer's location unless an applicable exception or agreement permits the communication.
Are weekend telemarketing calls prohibited?
New York's general calling-hour rule does not automatically prohibit all weekend telemarketing.
Do calling-hour restrictions apply to every telephone call?
No. Coverage depends on the type and purpose of the communication and the relevant statute.
