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Is New York a one-party consent state?

New York is a one-party consent state: one person on the call can consent to it being recorded, so a business can record its own calls without asking the other caller under the state rule.

General information, not legal advice. Check the statute and talk to a lawyer about your situation.

Statute checked October 15, 2026

The law

Rule
A one-party consent state
Notes
Wiretapping is defined as overhearing or recording a telephonic communication by a person other than a sender or receiver, without the consent of either the sender or receiver.

For businesses using an AI receptionist

AI receptionists usually record and transcribe calls. Announcing at the start of the call that it's recorded, and that the caller is speaking with an AI assistant, is the common way businesses handle callers from states with stricter rules.

Calls with people in two-party states such as California, Florida, Illinois, Maryland can raise the question of which state's law applies, which is why many businesses announce recording on all calls.

Compare AI receptionists and check which ones announce recording and AI use.

Other New York rules for AI calls

Artificial Intelligence Companion Models

AI disclosure

Operators of "AI companions", meaning AI systems designed to simulate a sustained human-like relationship with a user, must clearly and conspicuously tell users, verbally or in writing, at the start of an interaction that they are not communicating with a human. The notice must also be repeated during ongoing interactions. The definition expressly excludes systems a business uses solely for customer service or strictly to give information about its products or services, so a typical AI receptionist or support line is likely outside it. An agent that also keeps personal memory across calls and asks unprompted emotional questions could fall within it.

N.Y. Gen. Bus. Law 1700 to 1704 (Article 47)

Telemarketing sales call rules

Telemarketing and automated calls

  • Telemarketing calls only between 8 a.m. and 9 p.m. at the customer's location, unless the customer expressly agreed to another time.
  • Within 30 seconds of the start of the call, the caller must give the caller's and seller's names, the option to be added to the seller's do-not-call list, whether the call is being recorded, the purpose of the call, and which goods or services carry a fee.
  • Prerecorded telemarketing calls need the customer's prior written, express agreement to receive calls from that specific seller, with the customer's number and signature; it cannot be a condition of purchase.
  • Prerecorded calls must offer an automated opt-out that adds the number to the seller's do-not-call list and ends the call; voicemail messages must give a toll-free opt-out number.
  • No unsolicited telemarketing calls to numbers that have been on the do-not-call registry for 31 days, or into areas under a declared state of emergency.

N.Y. Gen. Bus. Law 399-z

Automatic dialing-announcing devices

Telemarketing and automated calls

  • A message played by an automatic dialing-announcing device must state, at the start, the nature of the call and who it is being made for, and at the end, that party's address and phone number.
  • The device must disconnect when either party ends the call.
  • Devices may not use random or sequential number generators, and may not call emergency lines, certain health care facilities, or law enforcement.
  • Caller ID may not be blocked; people can sue for actual damages or $50, whichever is greater.

N.Y. Gen. Bus. Law 399-p

See the rule in each state or all rules for AI phone calls.