Last weekend, New York Governor Andrew Cuomo declared a state of emergency in the State due to the coronavirus outbreak. That’s scary enough. But there is an equally scary and somewhat odd consequence of New York’s declared state of emergency: the recently enacted New York Nuisance Call Act kicks in automatically. As a practical matter, what that means is that telemarketers may not “knowingly mak[e] unsolicited sales calls to any individual . . . during a declared state of emergency.” However, sellers may place telemarketing calls to consumers who have provided their consent to the callers or with whom the callers have an “established business relationship” (i.e., the calls are not “unsolicited”). According to Governor Cuomo’s declaration, the state of emergency will remain in effect in New York until September 7, 2020.
So, make sure that you are washing your hands, avoiding large gatherings, and telemarketing in a compliant manner!
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