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Do Not Call Compliance
We assist companies in complying with the Do-Not-Call ("DNC") requirements of the Federal Trade Commission, the Federal Communications Commission, and various states concerning consumer requests that they not be called. This involves compliance with three types of DNC lists: (1) company-specific lists that include the telephone numbers of individuals who have advised a company or its representatives that they do not want to receive further calls; (2) the FTC's nationwide list that includes the telephone numbers of consumers who choose not to receive sales-related calls; and (3) state lists that include the telephone numbers of consumers in a state who choose not to receive sales-related calls. We offer training, monitoring, and recordkeeping assistance related to the foregoing.
Company-Specific DNC List. A Company-Specific DNC List includes the telephone numbers of consumers who have advised a company that they do not want to receive further telemarketing calls. Sales-related calls should never be made to telephone numbers on a Company-Specific List. In addition, trained personnel should be available at telephone numbers transmitted through caller ID to respond to consumer inquires, complaints, and DNC requests. Businesses should ensure that the telephone numbers transmitted through caller ID are numbers where consumers can conveniently make a DNC request during regular business hours (9:00 AM - 5:00 PM Monday through Friday local time at the business location). In addition, businesses should ensure that consumers are not put on hold or forced to wait for an unreasonable length of time to make a DNC request.
FTC DNC List. The FTC List includes the telephone numbers of consumers throughout the United States who choose not to receive sales-related calls. Sales-related calls must not be made to any telephone number on the FTC List unless an exemption applies. Under federal law, there is an exemption for calls made to a person with whom a company has an established business relationship ("EBR"). This includes a person who has made a purchase within 18 months from the date of a call, or made an inquiry within 3 months of the date of a call. There also is an exemption for calls made to persons who have given their signed written consent to receive sales-related calls.
Calls are prohibited to certain state lists. Twenty-three states impose more restrictive DNC requirements than federal law with respect to persons with whom a company has an EBR. Below is a brief summary of these more restrictive requirements.
- Alabama
Alabama relies on the FTC List. However, in Alabama, the EBR of one business does not extend to another business unless both businesses operate under the "same exact business name."
- Arkansas
Arkansas relies on the FTC List. However, in Arkansas, there is no EBR for consumer inquiries.
- California
California relies on the FTC List. However, in California, the EBR exemption extends for only 30 business days from a consumer inquiry.
- Colorado
Colorado maintains its own DNC list. However, in Colorado, the EBR exemption extends for only 30 business days from a consumer inquiry
- Connecticut
Connecticut relies on the FTC List. However, in Connecticut, there is no EBR for consumer inquiries.
- Florida
Florida maintains its own DNC list. However, in Florida, the EBR of one business does not extend to another business unless both businesses operate under the "same exact business name."
- Illinois
Illinois relies on the FTC List. However, in Illinois, the EBR exemption extends for only 30 business days from a consumer inquiry. Also, in Illinois the EBR of one business does not extend to another related business unless the businesses share the same brand name.
- Indiana
Indiana maintains its own DNC list. Indiana prohibits telephone solicitations to telephone numbers appearing on the Indiana DNC list. There is no EBR exemption in Indiana.
- Louisiana
Louisiana maintains its own DNC list and uses the FTC List. In Louisiana, the EBR exemption extends for only 6 months from the date of a purchase. In addition, there is no EBR for consumer inquiries.
- Michigan
Michigan relies on the FTC List. However, in Michigan the EBR exemption extends for only 12 months from the date of a purchase. In addition, there is no EBR for consumer inquiries.
- Mississippi
Mississippi maintains its own DNC list. In Mississippi, the EBR exemption extends for only 6 months from the date of a purchase.
- Missouri
Missouri maintains its own DNC list. In Missouri, the EBR exemption extends for only 180 days from the date of a purchase.
- Montana
Montana relies on the FTC List. However, in Montana, the EBR exemption extends for only 180 days from the date of a purchase.
- Nevada
Nevada relies on the FTC List. However, in Nevada, the EBR of one business does not extend to any affiliate or associate of the business. Also, in Nevada there is no EBR for consumer inquiries. In addition, Nevada requires telephone solicitors, at least once each year, to send a written notice to their Nevada customers informing them that (a) the notice is being provided pursuant to Nevada law, (b) the customer may elect to be placed on the telephone solicitor's company-specific DNC list, and (c) the customer may contact the telephone solicitor's customer service department or the Nevada Attorney General for additional information.
- New Jersey
New Jersey relies on the FTC List. New Jersey prohibits telephone solicitations to telephone numbers appearing on FTC List. There is a very limited EBR exemption in New Jersey for calls to an "existing customer" which is defined as "(1) a person who is obligated to make payments to a seller on merchandise purchased; or (2) a person who has entered into a written contract with a seller where there is an obligation to perform, either by the customer, seller or both."
- New Mexico
New Mexico relies on the FTC List. However, in New Mexico, the EBR exemption extends for only 12 months from the date of a purchase.
- New York
New York relies on the FTC List. However, in New York, the EBR of one business does not extend to any related business entity or other business organization, including parent corporations, subsidiaries, or affiliates. Also, in New York there is no EBR for consumer inquiries.
- North Dakota
North Dakota relies on the FTC List. However, in North Dakota, there is no EBR for consumer inquiries.
- Pennsylvania
Pennsylvania uses the Direct Marketing Association's Telephone Preference Service as its DNC list. In Pennsylvania, the EBR exemption extends for only 12 months from the date of a purchase.
- Tennessee
Tennessee maintains its own DNC list. However, in Tennessee, the EBR exemption extends for only 12 months from the date of a purchase.
- Texas
Texas maintains its own DNC list. However, in Texas, the EBR exemption extends for only 12 months from the date of a purchase.
- Wisconsin
Wisconsin maintains its own DNC list. However, there is no EBR exemption in Wisconsin. Wisconsin only exempts calls to a "current client," which is defined as a "person who has a current agreement to receive, from the caller or the person on whose behalf the call is made, property, goods or services of the same type promoted by the call."
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