CONSUMER ALERT: New York Department of State's Division of Consume Protection Offers Tips to Help Avoid Unwanted Telemarketing Calls

The New York Department of State’s Division of Consumer Protection is providing tips to help New Yorkers combat unwanted telemarketing calls. Consumers are encouraged to register their phone numbers with the Do Not Call Registry and to file an individual complaint each time they receive an unwanted telemarketing call after registering for more than 31 days.

On January 1, 2025, New York State enacted the so-called Seinfeld law, named after the hit comedy series “Seinfeld,” to help protect consumers from potentially deceptive telemarketing practices while promoting transparency and accountability in the telemarketing industry. The new law requires telemarketers to identify themselves in the first 30 seconds of an unsolicited phone call, including their name, the company they represent and why they are calling. Callers must also give the person they’re calling an option to be added to their company’s “do not call” list, as well as disclose if the call is being recorded.

“We’ve all been on the receiving end of annoying and unwanted telemarketing calls, and too many New Yorkers don’t know that there are tools available to help make them stop,” said Secretary of State Walter T. Mosley. “Every consumer should take the time to put their phone number on the Do Not Call Registry and report any instance of an unwanted telemarketing call so we can track down bad actors and take legal action against them. These efforts, combined with the State’s new ‘Seinfeld Law,’ will help further our progress toward limiting the scourge of scam calls to New Yorkers and preventing fraudulent telemarketing scams.”

UNDERSTANDING THE DO-NOT-CALL REGISTRY
The Do-Not-Call (DNC) Registry is designed to stop companies from promoting their goods and services by making unwanted sales calls to potential customers. The DNC Registry allows you to register your landline and cell phone numbers in one central database to limit the telemarketing calls you receive. Once you register your phone number, telemarketers have up to 31 days from the date you register to stop calling you. Registering your phone number does not prohibit all businesses from calling you. Calls from or on behalf of political organizations, charities and telephone surveyors are exempt, as are companies with which you have an existing business relationship, unless you ask them to place your number on their own do-not-call list.

TIPS TO HELP COMBAT UNWANTED TELEMARKETING CALLS:

• Register on the Do Not Call list: Register your phone number on the National Do Not Call Registry with the Federal Trade Commission (FTC). Seventy five percent (75%) of New Yorkers have registered their number in the DNC Registry. To register:
  • Visit DoNotCall.gov
  • Call 888-382-1222 (TTY 1-866-290-4236) from the number you want to register
• Beware of Unintentionally Consenting to Telemarketing Calls: Even if your number is listed on the Do-Not-Call Registry, telemarketers are permitted to contact you when you request the call. Telemarketers may try to lure consumers into consenting to telemarketing calls. For instance, when you are looking for information online, make sure you read the fine print below any click boxes. These may include references to “marketing partners” that you are “agreeing” to receive calls from with one click of your mouse. While New York requires an express request to contact from a telemarketer, these websites may nonetheless lead to multiple unwanted contacts.
• File a complaint if you receive unwanted telemarketing calls after registering for more than 31 days: 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. File a Do Not Call complaint online at the Registry’s website or by calling 1-888-382-1222 (TTY 1-866-290-4236). For tips on how to file a Do Not Call complaint, please review the guidance provided on our website.
• Enter every unwanted call separately when filing a complaint: As part of the complaint process, it is important that New Yorkers submit individual complaints for each unwanted call. Each unwanted call is one complaint. If you receive five unwanted calls, please submit five separate complaints. Provide as much information as you can as this helps the Division of Consumer Protection to track down the caller.
• Register unwanted “Robocalls”: If you received a call that used a recorded message instead of a live person (known as a “robocall”), you can also file a complaint whether or not your number is on the Registry.

BEWARE OF SCAM CALLS:

• Watch out for calls from scammers: Not all calls are from legitimate companies. Scammers will try to impersonate legitimate companies, government entities, utilities and even charities. Common scam calls often involve tech support, debt collection, student loan repayment, the IRS or law enforcement. If you suspect the call may be a scam, simply hang up or end the call immediately.
• Protect personal information: Never give out personal or financial information to an unsolicited caller. Ask callers to send you information in the mail or contact them separately through their official, publicly listed phone number or website.
• Avoid Pressing “1”:  Pressing any number confirms your number is active. Even if the prompt says, "press 1 to be removed from the list," pressing any number can still signal to a possible scammer that your number is valid and could result in more calls.
• Be wary of too-good-to-be-true offers: As always, if the offer seems too good to be true, it probably is. Calls claiming you won a free prize, medical device, lottery or vacation are likely scams.

THE IMPORTANCE OF FILING COMPLAINTS
The Department of State’s Division of Consumer Protection enforces New York’s telemarketing law. In 2024, New Yorkers logged a total of 109,692 telemarketing complaints with the Federal Trade Commission. By filing a complaint, New Yorkers 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. Businesses can be fined up to $20,000 per violation by the New York Department of State and may be subject to additional fines by the FTC and Federal Communications Commission (FCC). The Division uses the consumer complaints to take enforcement action against the violators, and the more complaints filed by New Yorkers, the higher the fine that may be levied.

About the New York State Division of Consumer Protection
Follow the New York Department of State on Facebook, X and Instagram and check in every Tuesday for more practical tips that educate and empower New York consumers on a variety of topics. Sign up to receive consumer alerts directly to your email or phone here.

The New York State Division of Consumer Protection provides voluntary mediation between a consumer and a business when a consumer has been unsuccessful at reaching a resolution on their own. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumerprotection. The Division can also be reached via X at @NYSConsumer or Facebook.