In the United States, fortune-tellers and Spiritualists found themselves subject to laws, which varied state-by-state, jurisdiction-by-jurisdiction, but had nearly identical wording to the English Vagrancy Act. New York Code of Criminal Procedure, Section 899, classified fortune-tellers and Spiritualists as “disorderly persons” and defines a fortune-teller as someone who “pretends to tell fortunes.” This classification begs the question of how to prove one is pretending and how to avoid infringing upon freedom of religion. According to American lawyer and legal pioneer, Blewett Lee, in an article written for the Columbia Law Review 1922 in the United States, unlike in England, “[t]here is no particular public demand in the United States for their punishment…Every conviction, however justifiable, starts up a cloud of apologists and defenders, and spiritualism gets good advertisement,” and fortune-tellers were excellent advertisers.
A New York Times article from December 12, 1909, claims that there are “One Thousand Fortune Tellers Plying Their Trade in New York City” and according to Dolan Cochran during a lecture at the Tenement Museum, 1,000 is undercounting. Most of these 1,000+ fortune tellers advertised their services either through newspaper ads, fliers, or pamphlets. In an 1895 survey of fortune teller advertisements published in The Journal of American Folklore, Henry Carrington Bolton, chemist and scholar, lists the most common services offered by fortune tellers and clairvoyants and how they marketed themselves to an eager public.