Texting laws · New York
New York texting laws for businesses
What N.Y. Gen. Bus. Law § 399-z says about a business texting customers in New York, read from the statute.
Texting laws by stateStatute read October 29, 2026
The law
| Law | New York telemarketing law |
| Citation | N.Y. Gen. Bus. Law § 399-z |
| In force | Most recent revision November 29, 2024 |
| Covers texts? | Yes, by name. A 'telemarketing sales call' means 'a telephone call or electronic messaging text' for the purpose of inducing payment for goods or services, and 'electronic messaging text' means 'real-time or near real-time non-voice messages in text form'. |
| Applies to | Telemarketing to induce payment for goods or services from a customer in New York, which the statute defines to include real property and services of any kind. |
The rules
| Rule | What the statute says | Section |
|---|---|---|
| Hours | No telemarketing 'at any time other than between 8:00 A.M. and 9:00 P.M. at the location of the customer unless the customer has given their express consent to the call at a different time'. | § 399-z(2) |
| Disclosures | Within 30 seconds, give the telemarketer's name, the business it is for, the option to be added to the seller's do-not-call list, whether the call is recorded, and its purpose. | § 399-z(2) |
| National do-not-call registry | No unsolicited telemarketing sales call or text to a number that has been on the national do-not-call registry for 31 days. | § 399-z(5) |
| Customer data | A customer's contact information may not be shared with anyone else without the customer's written or electronic agreement. | § 399-z(10) |
Texting a customer who contacted you first
- An 'unsolicited telemarketing sales call' excludes one made 'in response to an express written or verbal request by the customer' and one 'in connection with an established business relationship, which has not been terminated by either party' (§ 399-z(1)(k)).
- 'Telemarketing' does not include calls or texts 'intended to implement or complete a transaction to which the customer has previously consented' (§ 399-z(1)(i)).
- The hours and disclosure rules apply to telemarketing generally, not only to unsolicited messages.
This matters for missed-call text-back, which replies to someone who just called the business. Federal rules and the reply-versus-marketing line are covered in is missed-call text-back legal?
Contractor websites in New York
3% of the 130 New York contractor homepages we loaded on a phone in October 2026 had an online booking tool and 8% had a chat or text option. 91% had neither, so after hours a call or a form was the only way in, and 50% had no form either.
| What the homepage has | New York | All 21 states |
|---|---|---|
| Sites loaded | 130 | 2407 |
| A tap-to-call link coded in | 75% | 76% |
| An online booking tool | 3% | 12% |
| A chat widget or text option | 8% | 15% |
| Neither booking nor chat or text | 91% | 77% |
| Neither, and no form either | 50% | 41% |
These are plumbing, HVAC, electrical, roofing, landscaping, painting, carpentry and general contractor homepages listed in OpenStreetMap, checked on the homepage only, so booking and chat figures are a floor. The method and the national numbers are in our contractor website study. On those sites a customer who cannot book or message has to call, and a call you miss can still get a reply by text; Nova's missed-call text-back is $99 a month.
Penalties
After a hearing, the Secretary of State may fine 'not to exceed twenty thousand dollars for each violation' (§ 399-z(14)). The section does not create its own private lawsuit, but says it does not restrict rights a person has under other laws.
What the statute does not settle
- The statute does not say when 'electronic messaging text' was first added; this page reflects the revision current on the day we read it.
Questions
Does New York law cover text messages from businesses?
Yes, by name. A 'telemarketing sales call' means 'a telephone call or electronic messaging text' for the purpose of inducing payment for goods or services, and 'electronic messaging text' means 'real-time or near real-time non-voice messages in text form'.
What happens if a business breaks New York's texting law?
After a hearing, the Secretary of State may fine 'not to exceed twenty thousand dollars for each violation' (§ 399-z(14)). The section does not create its own private lawsuit, but says it does not restrict rights a person has under other laws.
Can a business text a customer who contacted it first in New York?
An 'unsolicited telemarketing sales call' excludes one made 'in response to an express written or verbal request by the customer' and one 'in connection with an established business relationship, which has not been terminated by either party' (§ 399-z(1)(k)). 'Telemarketing' does not include calls or texts 'intended to implement or complete a transaction to which the customer has previously consented' (§ 399-z(1)(i)). The hours and disclosure rules apply to telemarketing generally, not only to unsolicited messages.
How many New York contractor websites offer online booking?
3% of the 130 New York contractor homepages we loaded on a phone in October 2026 had an online booking tool and 8% had a chat or text option. 91% had neither, so after hours a call or a form was the only way in, and 50% had no form either.
Sources
Read October 29, 2026. Federal law (the TCPA and FCC rules) applies on top of state law everywhere. This page describes what the statute says. It is general information, not legal advice, and it does not cover your message content or your industry. Talk to a lawyer before relying on it.