This page explains federal law as it applies to consumers in New York, mainly the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, and the Federal Communications Commission's rules in 47 CFR 64.1200, plus New York's telemarketing statute where it adds something. KOR Law LLP's consumer protection practice handles TCPA claims arising from unauthorized calls and text messages, along with credit reporting and debt collection claims that often involve the same companies.

Which calls and texts break the law?

The TCPA has two main private claims:

  • Robocalls to cell phones and other protected lines. It is unlawful to make any call, other than for emergency purposes or with "the prior express consent of the called party," using an automatic telephone dialing system or an artificial or prerecorded voice to a cell phone number, among other protected lines (47 U.S.C. 227(b)(1)(A)(iii)). Prerecorded-voice calls to a residential line without prior express consent are also prohibited, subject to exemptions (227(b)(1)(B)).
  • Do-not-call violations. A person who receives "more than one telephone call within any 12-month period by or on behalf of the same entity" in violation of the FCC's do-not-call rules may sue (47 U.S.C. 227(c)(5)). Those rules bar telephone solicitations to residential subscribers registered on the national do-not-call registry, and before 8 a.m. or after 9 p.m. local time (47 CFR 64.1200(c)).

For telemarketing, the FCC's rule is stricter: robocalls that include an advertisement or constitute telemarketing to a cell phone require the called party's "prior express written consent" (47 CFR 64.1200(a)(2)). The do-not-call rules apply to telemarketing calls or text messages to wireless numbers, as the rule describes (64.1200(e)).

What is an "autodialer" after the Supreme Court's 2021 decision?

In Facebook, Inc. v. Duguid (2021), the Supreme Court held that to qualify as an "automatic telephone dialing system," "a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator." Equipment that merely stores and dials numbers from a list does not qualify on that basis. That narrowed autodialer claims, which is why many TCPA cases now focus on prerecorded or artificial voices, which the statute covers regardless of the dialing equipment, and on do-not-call violations.

In McLaughlin Chiropractic Associates v. McKesson (2025), the Court held that the Hobbs Act "does not bind district courts in civil enforcement proceedings to an agency's interpretation of a statute," so courts decide what the TCPA means for themselves, giving the FCC's interpretations "appropriate respect." FCC orders remain relevant, but they are no longer automatically binding on the courts in these cases.

TCPA claims at a glance
ClaimWhat must be shownDamagesSource
Robocall or robotext to a cell phoneA call made with an artificial or prerecorded voice or a qualifying autodialer, without prior express consentActual loss or $500 per violation, whichever is greater; up to 3 times if willful or knowing47 U.S.C. 227(b)(1)(A)(iii), (b)(3)
Prerecorded call to a residential linePrerecorded or artificial voice message without prior express consent, unless exemptSame227(b)(1)(B), (b)(3)
Do-not-call registryMore than one telephone solicitation in 12 months by or for the same entity to a registered residential numberActual loss or up to $500 per violation; up to 3 times if willful or knowing227(c)(5); 47 CFR 64.1200(c)(2)
Calling hoursTelephone solicitation before 8 a.m. or after 9 p.m. local timeSame, under the do-not-call claim47 CFR 64.1200(c)(1)

How do consent and revocation work?

Consent is the most common defense, and it can be taken back. The FCC rule lets a called party revoke prior express consent "by using any reasonable method to clearly express a desire not to receive further calls or text messages." Replying "stop," "quit," "end," "revoke," "opt out," "cancel," or "unsubscribe" to a text, using a call's automated opt-out, or using a website or number the caller designates for opt-outs is a reasonable method per se (47 CFR 64.1200(a)(10)). Revocations must be honored "within a reasonable time not to exceed ten business days" from receipt. Separately, a company's own do-not-call list must honor a request for five years (64.1200(d)(6)).

How do you build a TCPA claim, step by step?

  1. Log every call and text. Date, time, number, and what was said or written; save voicemails and screenshots.
  2. Identify the caller. The claim runs against the entity that made the calls or on whose behalf they were made (47 U.S.C. 227(c)(5)).
  3. Note whether a prerecorded or artificial voice was used. That element does not depend on autodialer equipment (227(b)(1)(A)).
  4. Check your registry status. Confirm your number is on the national do-not-call registry and when it was added (47 CFR 64.1200(c)(2)).
  5. Revoke consent clearly. Reply "stop" to texts and say so on calls, then keep records (64.1200(a)(10)).
  6. Count the violations and check the deadline. Damages run per violation (227(b)(3), (c)(5)), and the four-year catch-all generally applies (28 U.S.C. 1658(a)).

What changes the answer?

  • Consent. Prior express consent, or written consent for telemarketing robocalls, defeats a claim until revoked (47 U.S.C. 227(b)(1)(A); 47 CFR 64.1200(a)(2), (a)(10)).
  • The equipment and voice. Autodialer claims require the random or sequential number generator capacity described in Duguid; prerecorded voice claims do not.
  • The purpose of the call. Telemarketing triggers the do-not-call rules; certain informational calls fall under FCC exemptions (64.1200(a)(9)).
  • The number of calls. Do-not-call claims need more than one call in 12 months (227(c)(5)).
  • Willfulness. It allows the court to treble damages (227(b)(3), (c)(5)).
  • The caller's procedures. Reasonable do-not-call practices implemented with due care are an affirmative defense to a do-not-call claim (227(c)(5)).
  • Calls about an old debt. A collector that calls about a debt it can no longer sue on also faces New York's three-year limit; see whether you can be sued on an old consumer debt in New York.

For example: prerecorded "warranty" calls to a cell phone

For example, imagine a Brooklyn resident whose cell number has been on the national do-not-call registry for years and who receives 12 prerecorded calls over three months offering a vehicle service contract. (This is a made-up illustration, not a real client or result.) She never gave the seller her number. She presses the opt-out key twice and the calls continue.

Each prerecorded telemarketing call to her cell phone without prior express written consent may be a violation (47 U.S.C. 227(b)(1)(A)(iii); 47 CFR 64.1200(a)(2)). Because she received more than one telephone solicitation in 12 months while registered, she may also have do-not-call claims (227(c)(5); 64.1200(c)(2)). Her opt-out attempts are evidence for a willfulness argument and for revocation (64.1200(a)(10)). The first task is identifying who actually placed the calls.

Common mistakes

  • Not keeping records. Damages are counted per call or text, so each one matters.
  • Assuming every mass text is an autodialer violation. Duguid narrowed that definition.
  • Revoking consent unclearly. Use the reasonable methods the FCC rule recognizes (64.1200(a)(10)).
  • Ignoring the do-not-call claim. It can apply even where no autodialer was used (227(c)(5)).
  • Suing the wrong company. Telemarketers often call on behalf of a seller; identify both.
  • Waiting too long. Older calls may fall outside the four-year period (28 U.S.C. 1658(a)).

What to do this week

  1. Screenshot your call log and texts, and save voicemails.
  2. Write down any consent you may have given, and when.
  3. Reply "stop" to unwanted texts and keep the confirmation.
  4. Confirm your number's registration on the national do-not-call registry.
  5. If the calls are from a debt collector, also note dates and times for collection rules.
  6. Speak with counsel about who placed the calls and which claims fit.

If the calls are about a debt, the collection rules also apply; see what a debt collector can legally do in New York.

If the calls started after your information was exposed or misused, a security freeze under New York law may help limit new accounts; see whether New York has its own credit reporting law.

Frequently asked questions

Does the TCPA cover text messages?

The FCC's rules treat text messages as calls for the purposes they describe, including the revocation rules and the do-not-call rules for wireless numbers (47 CFR 64.1200(a)(9), (a)(10), (e)).

Can I sue in state court in New York?

The private rights of action allow suit "in an appropriate court of that State," if otherwise permitted by state law or court rules (47 U.S.C. 227(b)(3), (c)(5)). Forum choices are discussed in federal court or state court for a New York business dispute.

Does New York have its own telemarketing law?

Yes. GBL 399-z limits telemarketing to 8:00 a.m. to 9:00 p.m. absent consent, bars unsolicited sales calls to numbers on the national registry for 31 days, and lets the Department of State fine violators up to $20,000 per violation after a hearing (GBL 399-z(2), (5), (14)).

Do the rules apply to my mortgage servicer's calls?

The TCPA applies to "any person" making the calls it covers (47 U.S.C. 227(b)(1)), including servicers. Errors in how a servicer handles the loan itself follow a separate process, explained in how to make a mortgage servicer fix an error.

How much can I recover?

Actual loss or $500 per violation, whichever is greater, up to three times if willful or knowing (47 U.S.C. 227(b)(3)). See what you can recover for a credit reporting or debt collection violation.

How long do I have to sue?

The TCPA has no limitations period of its own, and the four-year federal catch-all generally governs (28 U.S.C. 1658(a)). See how long you have to sue under the FCRA, FDCPA, or TCPA.