On Saturday, Governor Cuomo declared a state of emergency for the entirety of the State of New York in response to the ongoing threat from coronavirus. The state of emergency is scheduled to last through September 7, 2020, unless rescinded sooner. Under a new law passed late last year, unsolicited telemarketing calls are prohibited to New York residents under a state of emergency.
The laws defines “unsolicited telemarketing sales call” as any telemarketing sales call other than a call made:
- In response to an express written or verbal request by the customer; or
- In connection with an established business relationship, which has not been terminated by either party, unless such customer has stated to the telemarketer that such customer no longer wishes to receive the telemarketing sales calls of such telemarketer.
Calls made pursuant to an EBR or with consent are therefore not subject to the state of emergency calling prohibition. Additionally, the law arguably does not govern business-to-business calls because the definition of “customer,” which is incorporated into the definition of “telemarketing sales call,” only applies to natural persons.
Callers should be alert to continuing developments across the country related to coronavirus and, for the time being, should refrain from making unsolicited telemarketing calls to New York residents.
A Partner at M&S, Josh advises clients on a range of proactive and responsive matters, helping them achieve their business goals while complying with federal and state privacy and other consumer protection laws.