New York regulations
Title 19 Part 221
Department of State
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19 NYCRR 221.1 - Violations
Later Register activity found — review the notice before relying on the compiled text.
Dates and status
- Compiling agency
- Department of State
- Text status
- Source receipt
- Compiled text through
- Apr 15, 2022
- Register checked through
- August 19, 2026/Vol. XLVIII, Issue 33
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- DOS-09-25-00008-A · Adopted rule · Nov 19, 2025
- Source snapshot
- Jun 6, 2026
(a)No telemarketer or seller may make or cause to be made any unsolicited telemarketing sales call to any consumer more than 31 days after the telephone number appears on the national do-not-call registry, pursuant to 16 CFR section 310.4(b)(1)(iii)(B). Each call to a telephone number shall be deemed a separate occurrence for purposes of the penalty and enforcement provisions of these regulations.
(b)No telemarketer or seller shall engage in telemarketing at any time other than between 8:00 a.m. and 9:00 p.m. local time unless the consumer has given his or her express consent to the call at a different time.
(c)At the beginning of each telemarketing sales called telemarketers shall provide, in a clear and coherent manner using words with common and everyday meanings, all of the following information:
(1)the telemarketer's name and the person, firm or corporation on whose behalf the solicitation is being made, if other than the telemarketer;
(2)the purpose of the telephone call; and
(3)the identity of the goods or services for which a fee will be charged.
(d)Prior to the purchase of any good or service, telemarketers shall disclose to the customer the cost of the goods or services that are the subject of the call and if the offer includes a negative option feature, all material terms and conditions of the negative option feature, including, but not limited to the fact that the customer's account will be charged unless the customer takes an affirmative action to avoid the charges, the dates the charges will be submitted for payment, and the specific steps the customer must take to avoid the charge.
19 NYCRR 221.2 - Exceptions
Later Register activity found — review the notice before relying on the compiled text.
Dates and status
- Compiling agency
- Department of State
- Text status
- Source receipt
- Compiled text through
- Apr 15, 2022
- Register checked through
- August 19, 2026/Vol. XLVIII, Issue 33
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- DOS-09-25-00008-A · Adopted rule · Nov 19, 2025
- Source snapshot
- Jun 6, 2026
(a)Unsolicited telemarketing sales call means any telemarketing sales call other than a call made:
(1)in response to an express written or verbal request of the specific customer called;
(2)in connection with an established business relationship, which has not been terminated by either party, unless such customer has stated to the telemarketer or the telemarketer's agent that such customer no longer wishes to receive the telemarketing sales calls of such telemarketer.
(b)Established business relationship shall mean a prior or existing relationship formed by a voluntary two-way communication between a consumer and a telemarketer with or without an exchange of consideration, on the basis of the consumer's purchase or transaction with the telemarketer within the 18 months immediately preceding the date of the telephone call or on the basis of the consumer's inquiry or application regarding products or services offered by the telemarketer within the three months immediately preceding the date of the call, which relationship has not been previously terminated by either party.
(c)Person shall mean any natural person, association, partnership, firm, corporation, and its affiliates or subsidiaries or other business entity.
19 NYCRR 221.3 - Safe harbor provisions
Later Register activity found — review the notice before relying on the compiled text.
Dates and status
- Compiling agency
- Department of State
- Text status
- Source receipt
- Compiled text through
- Apr 15, 2022
- Register checked through
- August 19, 2026/Vol. XLVIII, Issue 33
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- DOS-09-25-00008-A · Adopted rule · Nov 19, 2025
- Source snapshot
- Jun 6, 2026
A person (which includes an entity, corporation, or other telemarketer) shall not be held liable for violating these regulations if the person can demonstrate, by clear and convincing evidence, that:
(a)the person has obtained a version of the national ‘do-not-call’ registry from the Federal Trade Commission no more than 31 days prior to the date any telemarketing call is made, pursuant to 16 CFR section 310.4(6)(i)(iii)(B), and as a part of the person's routine business practice, it has established, implemented, and updated written policies and procedures related to the requirements of these regulations, prior to the date any telemarketing call is made;
(b)the person has trained all personnel conducting telemarketing sales calls in the requirements of these regulations;
(c)the person maintains records demonstrating compliance with this section and the requirements of these regulations; and
(d)any subsequent unsolicited telemarketing sales call is the result of an error.
19 NYCRR 221.4 - Enforcement
Later Register activity found — review the notice before relying on the compiled text.
Dates and status
- Compiling agency
- Department of State
- Text status
- Source receipt
- Compiled text through
- Apr 15, 2022
- Register checked through
- August 19, 2026/Vol. XLVIII, Issue 33
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- DOS-09-25-00008-A · Adopted rule · Nov 19, 2025
- Source snapshot
- Jun 6, 2026
(a)When the New York State Department of State has reason to believe a telemarketer has engaged in repeated unlawful acts in violation of this section, or when a notice of hearing has been issued, the New York State Department of State may request in writing the production of relevant documents and records as part of its investigation. If the person upon whom such request was made fails to produce the documents or records within 30 days after the date of the request, the New York State Department of State may issue and serve subpoenas to compel the production of such documents and records. If any person shall refuse to comply with a subpoena issued under this section, the New York State Department of State may petition a court of competent jurisdiction to enforce the subpoena and such sanctions as the court may direct.
(b)Upon allegation(s) of non-compliance with applicable law, or upon its own initiative, the New York State Department of State may conduct an inquiry as to the sufficiency of any alleged violations. If the New York State Department of State finds any grounds to indicate that a violation(s) may have occurred, the New York State Department of State may, as the public interest demands, send a notice of apparent liability to the alleged violator seeking a response.
(c)The New York State Department of State shall mail a copy of the notice of apparent liability to the last known business address of the alleged violator. Mailing of the notice shall be deemed receipt thereof.
(d)The alleged violator shall respond to the notice no later than 35 days from the date the New York State Department of State mailed such notice.
(e)The New York State Department of State will evaluate such response, conduct a review based on the evidence before it, and provide notice of its decision to the alleged violator within 60 days of receipt of the response. Mailing of the decision shall be deemed receipt thereof.
(f)If the alleged violator disputes the New York State Department of State decision, such violator may file an administrative appeal with the New York State Department of State by requesting in writing an administrative hearing, within 10 days of receipt of the decision. The administrative hearing shall be subject to article 3 of the State Administrative Procedure Act (SAPA) and 19 NYCRR Part 400 with the exception of the appeal provisions set forth in 19 NYCRR section 400.2(j), (k) and (l).
(g)If the alleged violator does not file an administrative appeal by requesting a hearing in writing within 10 days of receipt of such decision, the initial decision of the New York State Department of State is deemed the final decision and the alleged violator shall remit to the New York State Department of State a fine payable to the "New York State Department of State, Division of Consumer Protection" as set out in the initial decision of the New York State Department of State, within 10 days of receipt of the initial decision of the New York State Department of State. An aggrieved party shall have the right to challenge the final agency determination by filing a petition pursuant to article 78 of the Civil Practice Law and Rules.
(h)If an administrative appeal is properly filed, the New York State Department of State shall stay any fine pending the decision of such appeal.
(i)Any facts or evidence received by the New York State Department of State may be used in any proceeding and shall be afforded appropriate consideration by the presiding officer. All evidence shall be kept in the custody of the presiding officer.
(j)Where it is determined after the administrative hearing that the alleged violator has violated one or more provisions of these regulations, the presiding officer may assess a fine not to exceed $11,000 for each violation.
(k)If the alleged violator requests an administrative appeal pursuant to subdivision (f) of this section and an administrative hearing is held, the administrative hearing decision shall constitute a final New York State Department of State decision. Violators shall remit to the New York State Department of State a fine payable to the "New York State Department of State, Division of Consumer Protection" as set out in the administrative hearing decision within 10 days of the receipt of such decision. An aggrieved party shall have the right to challenge the final agency determination by filing a petition pursuant to article 78 of the Civil Practice Law and Rules.
(l)If the alleged violator does not respond to the notice of apparent liability within 35 days of receipt of the notice pursuant to subdivision (d) of this section, said notice of apparent liability shall constitute the final New York State Department of State decision. The alleged violator shall remit to the board a fine payable to the "New York State Department of State, Division of Consumer Protection" as set out in the notice of apparent liability, within 60 days from the date the New York State Department of State mailed such notice. An aggrieved party shall have the right to challenge the final agency determination by filing a petition pursuant to article 78 of the Civil Practice Law and Rules.