Reed Smith Client Alerts

On March 7, 2020, New York Governor Andrew M. Cuomo declared a disaster emergency in the State of New York in connection with the novel coronavirus, COVID-19. This event triggered a recently-enacted New York law prohibiting unsolicited telemarketing sales calls in New York. 

Authors: Robert E. Goldenberg

On Saturday, March 7, 2020, New York Governor Andrew M. Cuomo declared a disaster emergency in the State of New York in connection with the novel coronavirus, COVID-19 (the "Declaration").1 By its terms, the Declaration is to remain in effect until September 7, 2020.

The Declaration triggered a recently-enacted New York law prohibiting telemarketers2 from knowingly making unsolicited telemarketing sales calls to any person in New York (the "Prohibition").3

As the term "person" is defined to include natural persons as well as business entities, the Prohibition applies to both individuals and companies.

Under Section 5-a, telemarketers that conduct telephone sales calls from New York or to consumers resident in New York are subject to the Prohibition. 

Under the Prohibition, a "telemarketing sales call" includes both live and recorded voice calls, whether made by live agents dialing ten-digit telephone numbers or by the use of a predictive dialing technology.4