Cold Calling still prohibited in New York

9-15-22 – New York’s State of Emergency related to COVID-19 expired on September 12 at midnight.  However Governor Kathy Hochul has declared numerous other States of Emergency that are currently in effect including a statewide State of Emergency related to polio that is in effect until at least October 9, 2022.  As a result of being under other States of Emergency, licensees are still prohibited from making any cold calls.  NYSAR is monitoring all of the current Executive Orders declaring a State of Emergency and will notify members when they have expired or are lifted.

Real estate licensees may not make any unsolicited phone calls to a member of the public during a State of Emergency. General Business Law §399-z(5)(a) states “It shall be unlawful for any telemarketer doing business in this state to knowingly make an unsolicited telemarketing sales call to any person in a county, city, town or village under a declared state of emergency or disaster emergency as described in sections twenty-four or twenty-eight of the executive law.” All other types of marketing such as mailers, billboards, social media, internet etc., are permitted. You may call a FSBO if you have an identifiable purchaser interested in the property.  You are prohibited from calling the FSBO to solicit the listing.  You may still perform business to business calls so long as you are calling the number provided as the business number.

If you have any questions, please contact the NYSAR Legal Hotline.  The Legal Hotline is available Monday-Friday from 9:00am-4:00pm at 518-436-9727.