Have you been getting cryptic text messages promising money or asking you to sign up for deals? Well, those spam texts may soon be curtailed thanks to a change in legislation that added text messaging to New York’s definition of “telemarketing,” in addition to robocalls. Previously telemarketing was limited to phone calls.

This means that, if you add your phone number to the national Do Not Call (DNC) list, you can reduce the number of nuisance calls and messages you receive. And if you still get telemarketing calls or texts 31 days after adding your number to the Do Not Call List, you can report them to the Division of Consumer Protection or the Federal Trade Commission (FTC).

“Our consumer protections need to keep pace with technology and New Yorkers who have long been plagued by the nuisance of annoying calls from telemarketers now have to contend with unwanted texts attempting to sell them things they don’t want,” Governor Andrew Cuomo said. “This legislation closes this annoying loophole and will help ensure our laws are modernized to confront the needs of New Yorkers.”

State Senator Leroy Comrie (D-14), who sponsored the legislation, had this to say: “Aggressive telemarketing has long been an annoyance and potential source of fraud preying upon consumers, so much that we have had to establish a do not call registry to keep New Yorkers from being inundated with unwanted and often unscrupulous solicitation. Now that cell phones are as common, if not more than landlines, electronic text messages to our mobile devices have become the newest unwelcomed invasive marketing technique. Consumers should not be burdened with excessive and predatory telemarketing in any form, including text messages.”

Do Not Call

As mentioned, if you wish to reduce the number of spam telemarketing calls you receive, you can add your phone number to the national DNC registry by filling out the online form available here or by calling 1-888-382-1222 from the phone number that you wish to add. Once registered, your phone number will remain on the DNC registry indefinitely, unless the phone number is permanently disconnected and reassigned to a new consumer or you choose to remove it.

But note, some organizations are exempt from the DNC registry, such as political organizations, charities, debt collectors, or surveys. But “robocalls,” where a recorded message tries to pitch you something, are illegal unless you give them permission to do so. So, if you get a robocall, it is most likely a scam trying to trick you into providing personal information.

If you continue receiving spam calls or texts 31 days after registering your number, the state asks that you report those telemarketers violating the DNC list. Complaints can also be filed at donotcall.gov. The more reports that come in to the Division of Consumer Protection or the FTC, the easier it is for those agencies to determine whether there is a pattern or practice of violations occurring, which could ultimately lead to legal action against the violators.

The more complaints filed, the higher the fine that may be levied. In New York, businesses that routinely violate the DNC registry could face fines of up to $11,000 per violation, but it does take some persistence, as each violation must be reported.

However, many spam telemarketers looking to game the system will “spoof” a phone number, meaning your phone’s caller ID will list a false phone number, or a local number, and not the actual number of the company calling you. The FTC still recommends reporting those types of calls because sometimes they can still trace the call based on the information you give, or at least identify illegal callers based on calling patterns. The FTC also uses any additional information you report, like any number you’re told to call back, to track down scammers. You can also opt to block the numbers, which can reduce unwanted calls for a short while.

For more information on blocking or stopping unwanted calls, visit the FTC website.