Do Not Call

The Do Not Call (DNC) Registry allows you to register your landline and cell phone number in one central database to limit the telemarketing calls you receive. Once you register your phone number, telemarketers not exempt from the DNC Registry have up to 31 days from the date you register to stop calling you. The DNC Registry will not stop all telemarketers from calling you. Calls from or on behalf of political organizations, charities, and telephone surveyors are exempt. Companies with which you have an existing business relationship may still call you (unless you ask them to place your number on their own do-not-call list). 

The New York State Do Not Call Law became effective in 2001, allowing consumers to place their home landline and personal mobile telephone numbers on one central national Registry to reduce the number of unsolicited telemarketing calls they receive. The New York State Department of State's Division of Consumer Protection enforces the New York State Do Not Call Law. In 2003, the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) collaborated to create the National Do Not Call program and Registry. 

• Federal Communications Commission: FCC Do Not Call Law and Rules 
• Federal Trade Commission: FTC Do Not Call Law and Rules 
• New York State: The New York State Department of State Division of Consumer Protection is responsible for enforcing New York's "Do Not Call" law and regulations. NYS Do Not Call Law and Rules 

The Department of State’s Division of Consumer Protection is responsible for investigating and enforcing New York State’s Do Not Call statutes. New York State’s General Business Law (GBL) §399-z, provides the Division “[w]here it is determined…that any person has violated one or more provisions of this section, the secretary, or any person deputized or so designated by him or her may assess a fine…” 

From 2014 to date, the following entities violated NY GBL §399-z. Each action includes a Consent Order issued by the Department binding the violator to its terms and conditions.  

Settlements (Since 2014)

You can register your phone number online at https://www.donotcall.gov or by calling 1-888-382-1222 (TTY 1-866-290-4236). If you register by phone, you must call from the phone number you wish to register. Once registered, your telephone number remains on the DNC Registry, without expiration, unless the phone number is permanently disconnected and reassigned to a new consumer or you choose to remove it. 

If you receive an unwanted telemarketing call after your number has been on the DNC Registry for more than 31 days, you can file a Do Not Call complaint online at the Registry’s website https://www.donotcall.gov or by calling 1-888-382-1222 (TTY 1-866-290-4236). If you received a call that used a recorded message instead of a live person (known as a “robocall”), you can file a complaint whether or not your number is on the Registry. For more tips on how to fill out the Do Not Call Complaint form, click here.  You may also file a complaint with FCC for unwanted fax, telemarketing, and telephone service and billing issues. 

The Division of Consumer Protection routinely reviews the FTC’s Consumer Sentinel Database for Do Not Call complaints filed by New York Residents. The FTC also reviews complaints filed Nationwide to determine whether a pattern or practice of violations of the National Do Not Call Registry is occurring. By filing a complaint, you can help the Division track down and identify violators of the Do Not Call law and take legal action against the businesses making those unwanted, unsolicited and often annoying telemarketing phone calls. 

Registering your phone number on the DNC Registry is only the first step towards bringing these calls to an end. The next step is to file a complaint for every unwanted call. The Division uses the consumer complaints to take enforcement action against the violators who can be fined for each illegal call. The more complaints filed, the higher the fine that may be levied. 

Once a consumer’s telephone number has been registered on the DNC registry for 31 days, DNC laws prohibit you from calling it. Your business can be fined up to $11,000 per call by the New York Department of State, as well as by the FTC and Federal Communications Commission (FCC). 

Your business can register and gain access to the DNC registry by visiting DoNotCall.gov. You can either: 

• Purchase the entire U.S. database, or 
• Gain access to the first five area codes for free, with additional area codes available for purchase. 

Your business is responsible for updating your call lists every 31 days and identifying and registering with the FTC. The FTC assures list accuracy by periodically checking telephone numbers and removing those that are invalid, disconnected or reassigned. As a business, DNC compliance is YOUR responsibility. Do not rely on a third party telemarketing company to protect your business. 

Download DCP’s Do Not Call Business Compliance Guidance (pdf)