Compliance reference · New York
Real estate prospecting laws in New York
This page is a plain-language reference for real estate agents prospecting in New York. Federal Telephone Consumer Protection Act (TCPA), the national Do Not Call registry, New York's state-level layers, and the 4-step compliance checklist agents run before any cold outreach. This is not legal advice — when something on a real call gives you pause, check with a real attorney.
Federal floor: TCPA and the national DNC registry
Telephone Consumer Protection Act (TCPA), 1991+. You can't use an autodialer, prerecorded message, or automated text to contact a residential or mobile phone without prior express consent. Manual single-number dialing is generally allowed; automated mass dialing is not. Damages: $500 per violation, trebled to $1,500 for willful violations. Private right of action.
National Do Not Call registry (FTC). 240M+ numbers registered. Real estate cold calls are solicitation; there's no broad real-estate exemption. FTC enforcement damages up to $51,744 per call, plus private-action damages.
New York-specific layers
State mini-TCPA
New York General Business Law §399-p requires identification and disclosure during sales calls; the state Do Not Call registry adds a layer beyond the federal registry. Calling-hour restriction: 8am-9pm local. Pre-recorded message restrictions are stricter than federal.
State Do Not Call list
New York maintains its own Do Not Call registry in addition to the federal registry. Numbers may appear on the state list but not the federal one. Reputable owner-data tools cross-reference both before flagging a phone as clean.
The 4-step compliance checklist
- Run every phone against the DNC registry. Federal + state where applicable. Reputable owner-data tools (LeadCove, BatchLeads, PropStream) do this inline.
- Flag TCPA litigators. Some consumers have a pattern of suing solicitors for TCPA/state-level violations. Skip them entirely; the legal exposure isn't worth one possible deal.
- Respect calling hours. Federal TCPA: 8am-9pm in the consumer's local time. Most state mini-TCPAs match or restrict further.
- Identify yourself and the brokerage immediately on every call. Several states require this by statute; doing it everywhere is good practice.
Cheapest insurance in real estate prospecting: an enrichment check on every lead before you dial. One credit (about 30 cents on the standard plan) pays for itself the first time it dodges a DNC number. Compared to a $1,500 fine, that's not insurance — it's a no-brainer.
FAQ
Is it legal to cold call property owners in New York?
Yes when done correctly. Federal TCPA, the national Do Not Call registry, and New York's state-level layers all govern outbound real estate prospecting. Use a tool that flags DNC and TCPA-litigator records before dialing, respect calling hours, identify yourself immediately.
Does New York have its own Do Not Call list?
Yes — New York maintains a state Do Not Call list in addition to the federal registry. Reputable tools flag both.
What are the fines for TCPA violations in New York?
Federal TCPA: $500 per violation, $1,500 if willful. National DNC violations carry up to $51,744 per call in FTC enforcement. New York state-level damages: see the mini-TCPA section above.
Related
- TCPA + state mini-TCPAs: what triggers a fine — the broader overview
- Find a property owner in New York — the address-to-owner workflow
- Skip tracing tools: a neutral comparison