New York's GBL § 399-p requires that any person using an automatic dialing-announcing device state at the beginning of the call: 1) the nature of the call; and 2) the name, address and telephone number of the person on whose behalf the message is being transmitted.
Analyzing this state law, in Sussman v. I.C. System, Inc., No. 12-CV-0181, 2013 WL 842598 (S.D.N.Y. Mar. 6, 2013), the federal court ruled that the TCPA did not preempt these state law disclosure requirements.
While an autodialed call from a debt collector to a residential line might be exempted from TCPA coverage, according to this decision, there is no exemption from the NY state law disclosure obligations.
The Court also examined the account calling patterns. The judge found that hanging up and leaving no message (50 times over 3 months) stated a claim for violating 15 U.S.C. § 1692e(11), because with a hang-up, the debt collector did not identify himself. Section 1692e(11) of the FDCPA requires that all communications from a debt collector include proper identification.
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