September 18, 2021

Volume XI, Number 261

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New York Adds Texting to Telemarketing Law

The State of New York has amended its telemarketing statute, Section 399-z of the General Business Law, to include text messaging within its parameters. The legislation, embodied in companion bills in the Senate and Assembly (S.3941/A.6040), modifies a number of the definitions in Section 399-z to add the term “electronic messaging text” to, for example, the definition of “telemarketer”, “telemarketing” and “telemarketing sales calls.”

The definition of “electronic messaging text” covers “real-time or near real-time non-voice messages in text form over communications networks, and includes the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable or other like connection between the points of origin and reception of such transmission.”

Governor Cuomo signed the legislation on July 13, 2021. By its terms, the changes take effect 30 days after that date (i.e., August 12, 2021).

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 204
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About this Author

Paul Besozzi Telecommunications Attorney Squire Patton Boggs Washington DC
Senior Partner

Paul Besozzi concentrates his practice in the wireless, broadband and emerging technology areas. His extensive experience of more than 30 years in the telecommunications field includes regulatory, transactional, legislative and litigation matters for clients ranging from wireless service and infrastructure providers to resellers of long-distance service, including cellular, personal communications services, specialized mobile radio, point-to-point microwave, advanced wireless services and other emerging wireless technologies.

Paul represents clients before the federal and state...

202-457-5292
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