New York residents receive millions of illegal robocalls every year — but most people don't realize they have the legal right to sue and get paid. Under federal and New York state law, you can collect up to $5,000 per illegal call without an attorney.
What Laws Protect New York Residents?
- The Telephone Consumer Protection Act (TCPA) — Federal law prohibiting auto-dialed calls and pre-recorded messages to cell phones without prior written consent. $500–$1,500 per violation.
- New York General Business Law § 399-z — New York's Do Not Call law that prohibits telemarketing calls to registered numbers and provides additional state-level remedies.
- New York Consumer Protection Laws — Broad consumer protection statutes that can support additional claims against deceptive telemarketers.
Who Can You Sue?
- Companies that called your cell phone using an auto-dialer without consent
- Callers who left pre-recorded messages without your permission
- Telemarketers who called your Do Not Call registered number
- Anyone who kept calling after you told them to stop
How to File in New York
- Record every illegal call — date, time, number, and content
- Send a written demand letter to the caller
- File in New York Small Claims Court (up to $10,000 in NYC; $5,000 elsewhere)
- Serve the defendant and attend your hearing
Get the Complete New York Playbook
Our New York Playbook: The State-Specific DIY Guide to Suing Telemarketers in State and Federal Court includes New York court-specific templates, demand letters, and a complete filing guide.
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