New York Governor Signs Law to Stop Robocalls

New York’s governor recently signed the Nuisance Call Act into law, strengthening existing telemarketing law in an effort to stop robocalls.

The Nuisance Call Act aimed to close a loophole in New York’s Do Not Call Law which took effect in 2001. The act functioned similarly to the federal Do Not Call Registry and allowed New Yorkers to opt out of pre-recorded calls or “robocalls” made using an artificial voice.

Unfortunately, a loophole in this law resulted in annoying calls to New York citizens. Although automated calls were opted out of, consumers reportedly started to receive live telemarketing calls since they were not prohibited by the Do Not Call Law.

New York governor Andrew Cuomo recently signed the Nuisance Call Act into law to close this loophole. The new law will also provide protections for consumers by requiring companies to have their written consent before selling or otherwise sharing contact information.

“This loophole is a license to annoy New Yorkers that telemarketers have taken advantage of for far too long,” Cuomo said, according to the River Reporter. “With these new protections, we can help ensure New Yorkers receive fewer unwanted calls and their privacy is protected once and for all.”

The law will reportedly take effect 90 days after being signed into law.

How To Stop Robocalls

Laws such as the Nuisance Call Act and the federal Telephone Consumer Protection Act (TCPA) make it illegal for companies to contact consumers with unsolicited communications such as robocalls and spam texts.

TCPA was passed by Congress in 1991 in order to protect consumers and has been revised several times to increase the protection it provides. In 2003, the Federal Communications Commission (FCC) partnered with the Federal Trade Commission (FTC) to create the Do Not Call Registry.

This national registry gives consumers the ability to take an active role in the quest to stop robocalls. If a consumer registers their name on the national Do Not Call Registry, companies are not allowed to contact them with unsolicited robocalls. Companies around the country are required to adhere to this registry as well as any internal do not call lists they keep.

Unfortunately, if a consumer has already registered their number with the Do Not Call Registry and continues to receive unsolicited telemarketing calls and texts, they may be forced to take legal action against offending companies.

TCPA allows consumers to take legal action against companies who contact them with robocalls or spam texts without receiving express prior written consent. Under TCPA, consumers who successfully win a lawsuit to stop robocalls are able to collect up to $1,500 in damages for each violation (i.e. each phone call or text received).

It is important to note that many robocalls are placed by scammers and are therefore hard to identify and pursue legal relief for. The companies may not identify themselves or may be completely fraudulent in an attempt to deceive consumers. In these cases, it is harder to hold an entity accountable.

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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This article is not legal advice. It is presented
for informational purposes only.