NY Agency Reminds That Unsolicited Telemarketing Calls Are Prohibited During State of Emergency
July 28,2020
The New York State Division of Consumer Protection is again reminding businesses and consumers about a State law related to telemarketing activity during a declared state of emergency.
As previously reported, on December 18, 2019, Governor Andrew M. Cuomo signed into law a bill (A.117A/S.4020A) that prohibits unsolicited telemarketing sales calls to anyone in an area subject to a declared state of emergency.
The law, which went into effect immediately, 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. On March 7, 2020, through Executive Order 202, Governor Cuomo declared a state of emergency relating to the novel coronavirus outbreak until September 7, 2020.
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.”
"When connecting with consumers, it is important to ensure business strategies and goals comply with New York State law. 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