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State Do Not Call Lists

States Maintaining Separate Do Not Call Lists

When the FTC's Telemarketing Sales Rule was amended in 2003 to include the Federal Do Not Call Registry, many States had already drafted and enacted their own registry.

Although many States merged their requests with the Federal DNC, a number of individual States continue to maintain their own lists. These States and the date that the Do Not Call registry went into effect are below:

States Maintaining Do Not Call Lists

State

Date Effective

State

Date Effective

Alabama

1999

Maine

2001

Alaska

1996

Massachusetts

2003

Arkansas

2000

Minnesota

2003

California

2003

Missouri

2001

Colorado

2002

New York

2001

Connecticut

2001

Oklahoma

2002

Florida

1991

Oregon

2000

Georgia

1999

Pennsylvania

2002

Idaho

2001

Tennessee

2000

Indiana

2002

Texas

2002

Kentucky

2002

Wisconsin

2003

Louisiana

2002

 

 

State Do Not Calls Laws that Exceed Federal Guidelines

As discussed on the previous pages, several States continue to maintain separate Do Not Call registries to cover their residents. While most State telemarketing laws are very similar to Federal guidelines, there are a number of States who maintain stricter telemarketing rules. Examples of these States/laws are:

Indiana: Telemarketers may not place calls to anyone on the State's list, regardless of customer status. This includes calls to people with whom the company has an established business relationship, unless they have received specific permission from the customer to receive calls.

Florida: Florida bans automated phone calls by computer, although autodialers with prerecorded messages are allowed in the Federal guidelines with the following exemptions: any emergency phone lines (911, hospital emergency lines, physician/medical service lines, health care facilities, poison control centers, fire protection or law enforcement agencies), pagers and mobile phones.

Colorado: Under State law, Colorado residents may take claims against alleged violators in small claims court.

Massachusetts: Like Florida, MA does not allow any solicitations via recorded message. Massachusetts also bans calls after 8pm (one hour earlier than the Federal law.)

New Jersey: Similar to Indiana, New Jersey does not allow carte blanche with calls placed under the "existing business relationship." New Jersey allows calls to these customers, but no new product/service or upsell may be solicited.

Some States allow more exemptions than the Federal laws stipulate. Mississippi, for example, does not require State DNC compliance from the following types of businesses (as long as they are licensed in the State of Mississippi): real estate agents, insurance agents, motor vehicle dealers, securities brokers and investment advisors, newspapers, and funeral homes.

State DNC/Telemarketing Rule Contacts

States vary widely in the amount charged to non-exempt businesses for Do Not Call registries. Each State also establishes its own timeline for how often businesses must renew their DNC registrations.

Similarly, States can differ greatly in penalties assessed for Do Not Call non-compliance. Wisconsin, for example, lists a first offense at $100 per minute of call. Conversely, New Jersey may assess upward of $10,000 per violation.

In order to maintain compliance with State Do Not Call registries and regulations, it is suggested that each be reviewed individually.