Texting & Voicemail Rules for Sales Reps in New York
To text or send ringless voicemail to sales leads in New York, you need prior express written consent (PEWC) under the federal TCPA (47 CFR 64.1200(f)(9)) — a purchased list is not consent. Send only during 8:00 AM – 9:00 PM at the recipient's local time, honor STOP opt-outs immediately, and include your business name. New York's key statute is N.Y. Gen. Bus. Law 399-z.
By Ryan Madden, Founder, FollowUp AI · Updated June 16, 2026 · This is a general summary of common rules, not legal advice. Confirm specifics with counsel.
New York SMS & voicemail compliance at a glance
| Consent for automated marketing | Prior express written consent (PEWC) — 47 CFR 64.1200(f)(9) |
|---|---|
| Quiet hours | 8:00 AM – 9:00 PM — Matches federal default |
| State EBR exemption | No state EBR exemption |
| State DNC registry | No separate state registry (federal DNC applies) |
| Private right of action | Federal TCPA only ($500–$1,500/violation) |
| Penalties | Government enforcement only — no private right of action for telemarketing provision |
| Call-recording consent | One-party consent |
| Risk tier | High |
| Key statute | N.Y. Gen. Bus. Law 399-z |
Notable New York rules
- Must offer to add consumer to internal DNC at beginning of call
- Government enforcement only (no private right of action)
- $20,000/violation (amended 2023, up from $11,000)
Per-recipient timezone quiet hours, opt-out handling, and consent tracking — built in. Start free →
Frequently asked questions
Do I need consent to text sales leads in New York?
Yes. Automated marketing texts (and ringless voicemail) require prior express written consent (PEWC) under the federal TCPA, 47 CFR 64.1200(f)(9), in every state including New York. A purchased lead list is not consent.
What are the texting quiet hours in New York?
In New York, send marketing messages only 8:00 AM – 9:00 PM at the recipient's local time. Matches federal default
Is there a storm or insurance-claim solicitation ban in New York?
New York has no special storm-solicitation ban beyond the standard federal rules. Roofing/restoration insurance-claim restrictions exist only in FL, TX, and LA.
Can I be sued for texting violations in New York?
New York relies primarily on federal enforcement, but the federal TCPA private right of action ($500–$1,500 per violation) still applies.
Does an existing customer relationship (EBR) let me skip consent in New York?
An EBR (18 months from a purchase, 3 months from an inquiry) only exempts you from the Do-Not-Call registry — it does not replace PEWC for automated marketing. You still need written consent to send automated texts or voicemail.
About the author. Ryan Madden is the founder of FollowUp AI, an SMS and ringless-voicemail follow-up platform for field sales teams, where he works on TCPA-aware outreach compliance. This is general information, not legal advice.