New York Quarterly Law Update: 2.46 Billion Robocalls, GBL 349 After the FAIR Act, and Why the TCPA Still Pays When 399-z Belongs to the AG

By Christopher Prosser, BA AA, CLA • September 10, 2026

State-by-State Updates

YouMail: 2,456,022,000 robocalls in 2025, 1,528,081,500 in 2026 YTD. New York City is a permanent top-five U.S. robocall metro. 125,810 DNC complaints — 633 per 100,000, up 21.5%.

Federal floor: TCPA $500 / $1,500.

New York layer:

  • GBL § 399-z — state Do Not Call / telemarketing statute. AG fines are the teeth: sources cite up to $11,000 to $20,000 per violation on the public side. Do not treat 399-z as a clean private $500 ticker; several practitioner guides say 399-z itself does not create a private damages action.
  • GBL § 399-p (automatic dialing-announcing devices) — private recovery of the greater of actual damages or $50, trebled up to $1,000, plus fees.
  • GBL § 349 — deceptive practices. Private action: greater of actual damages or $50, discretionary treble capped at $1,000, plus fees. That is the statute behind New York Consumer Justice.
  • FAIR Business Practices Act, effective February 17, 2026. Adds unfair and abusive to § 349 for the Attorney General only. Private plaintiffs stay on deceptive conduct. The AG no longer needs a “consumer-oriented” hook.

Hours / disclosure: 8 a.m.–9 p.m. style rules and a fast identity / DNC-opt-in disclosure at the start of the call.

What changed: The FAIR Act is the 2026 event. AG Letitia James is also leading national FCC “know your customer” comments. Your private per-call cash is still TCPA, with 349/350 on the ad and 399-p on an ADAD voice dump.

Left on the table: 125,810 × $500 ≈ $62.9 million. × $1,500 ≈ $188.7 million.

Register at donotcall.gov and the NY state list. Use the New York Playbook and New York Consumer Justice.

This is a Q3 2026 TeleJustice Academy quarterly law update. Figures: YouMail Robocall Index (estimated volume); 2025 DNC complaint counts and per-capita rates from the FTC Data Book cycle. “Money left on the table” is complaint count × TCPA statutory minimums — an illustration, not a prediction. Robocall indexes include legal recorded calls. Only documented illegal calls and texts support a claim. Educational only. Not legal advice. TeleJustice Academy is not a law firm. Protect the file: donotcall.gov · state list where one exists · call log with date, time, number · screenshots · your state Playbook at telejusticeacademy.com and telejusticepro.com.


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Disclaimer: TeleJustice Academy, LLC is not a law firm. We provide educational and informational materials only. Nothing on this website constitutes legal advice, creates an attorney-client relationship, or guarantees any outcome. Always consult a licensed attorney for advice specific to your situation.

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