Understanding Do-Not-Call rules: The complete guide

TL;DR

• DNC compliance isn’t one-size-fits-all: businesses must navigate the National Do-Not-Call Registry alongside a patchwork of state-specific lists, calling hour restrictions, and fines that range from $500 to $25,000+ per violation depending on the state.
• Internal Do-Not-Call lists are just as critical as registry checks: ignoring a direct consumer opt-out request can trigger TCPA penalties of $500 to $1,500 per violation, with class action settlements averaging $6.6 million in 2024-2025.
• Documented consent is the strongest defense against violations: businesses should capture and prove prior express written consent from consumers, turning a potential compliance liability into a verifiable audit trail.
• Key Action: Explore how solutions like TrustedForm help businesses remain compliant in their telemarketing efforts as DNC rules evolve.

Overview

The rise of telemarketing has led to stricter regulations to protect consumers from unsolicited calls. One of the most well-known parts of these regulations is the Do-Not-Call (DNC) rules, which dictate how businesses and telemarketers can engage with potential customers. Whether you’re a business or a telemarketer, understanding the DNC rules is critical to avoid hefty penalties and maintain compliance.

In this guide, we’ll break down the essential elements of the DNC rules, what penalties come with violations, the nuances of state DNC lists, and how tools like TrustedForm can help businesses comply by documenting proper consent.

What is the Do-Not-Call registry?

The National Do-Not-Call Registry was created in 2003 by the US Federal Trade Commission (FTC) to allow consumers to opt out of receiving telemarketing calls. This initiative arose from the growing frustration of individuals who were bombarded with unsolicited calls, often at inconvenient times.

Once a phone number is added to the US registry, telemarketers are prohibited from calling that number, with a few exceptions. The registry is designed to give consumers control over their contact preferences while helping businesses focus on reaching individuals who are open to receiving marketing calls.

Why the Do-Not-Call registry was created

• Consumer protection: It helps individuals block unwanted telemarketing calls, ensuring their personal time is respected.
• Marketing clarity: The registry allows businesses to target only those interested in receiving calls, enhancing marketing efficiency.
• Compliance obligations: Telemarketers must regularly check the registry and avoid contacting numbers listed, or risk severe penalties.

Key FTC and FCC Do-Not-Call rules for businesses and telemarketers

Telemarketing businesses must adhere to the US Federal Trade Commission (FTC) and Federal Communications Commission’s (FCC) regulations to operate compliantly within legal boundaries. These regulations are designed to protect US consumers and minimize harassment by limiting unsolicited communications.

Here are the key rules to keep in mind:

1. Checking the DNC registry: Telemarketers must check the registry every 31 days and scrub their lists of any numbers that have been registered. It is illegal to call or text numbers listed on the registry unless the caller has express permission or a pre-existing business relationship with the consumer.
2. Obtaining consent: Telemarketers must obtain prior expressed written consent from individuals before contacting them. This consent should be documented in case there is ever a question of compliance. For example, if you provide consent to contact opt-in and notice language in an online web form or social media lead ad, the TrustedForm solution can help provide third-party documentation of the consent language and customer pathway that initiated the outreach.
3. Caller identification: Telemarketers are required to provide clear identification information, including their name, the company’s name, and contact details during the call.
4. Call time restrictions: Calls are restricted to the hours of 8 a.m. to 9 p.m. (local time of the person being called). Calling outside of these hours violates FCC guidelines.
5. Do-Not-Call requests: If a consumer asks to be placed on your company’s internal Do-Not-Call list, you must honor this request immediately and refrain from calling them again.
6. Use of the RND Reassigned Number Database service: The FCC issued the Second Report and Order on Advanced Methods to Target and Eliminate Unlawful Robocalls (2018). This order established the RND and codified the rules requiring (or highly incentivizing) the use of the RND, which comes from FCC regulations adopted in 2018 and fully implemented in 2021.  
7. Exemptions: Not all calls are restricted by the DNC rules. Certain exceptions exist, such as calls from political organizations, charities, and surveyors, which have some allowances. Also, businesses with a prior relationship with the consumer may also be exempt, but even these exemptions require careful adherence to other aspects of the law, including consent and call timing.

Why internal do-not-calol lists matter for businesses

Internal DNC lists keep track of  consumers who’ve directly asked your business to stop calling. Ignoring those requests will result in a TCPA violation. Here’s why maintaining this list internally matters:

• Compliance and avoiding penalties: Ignoring or delaying internal DNC requests risks TCPA penalties of $500 to $1,500 per violation, depending on whether it’s deemed willful. With 2024-2025 class action settlements averaging $6.6 million, even a handful of unresolved opt-out requests can snowball into a costly legal exposure.
• Consumer trust: Honoring these requests shows consumers you respect their privacy, a key driver of trust in any marketing relationship.
• Reputation management: Unwanted calls lead to complaints and bad reviews fast. Respecting opt-outs protects your brand.

State-specific Do-Not-Call lists and rules

While the National Do-Not-Call Registry covers federal regulations, it’s important to note that many states also have their own DNC lists and rules. These state-specific lists operate in parallel to the national registry, adding another layer of complexity for businesses and telemarketers who engage in cross-state marketing campaigns. Each state may have different guidelines, registration fees, and enforcement policies, making it crucial for businesses to be aware of these distinctions to avoid penalties. Here is a quick overview of state-specific regulations:

State	Own DNC List	Calling Hours	Maximum Fine	Notable Requirements
California	No; the CCPA is a privacy law and not a DNC list	8am-9pm local time	$500 to $1,500 per call under the TCPA	Marketers must scrub lists every 31 days.
Colorado	Yes, layered with national registry	8am-9pm local time	$500 to $1,500 per call under the TCPA	Telemarketing lists must be updated against the Colorado No-Call List within 30 days of each calendar quarter.
Florida	Yes, layered with national registry	8am-8pm local time	Civil penalty shall not exceed $10,000 per violation	SB 1120 (2021) added stricter regulations.
Illinois	No, uses national registry	8am-9pm local time	Civil penalties for violating telemarketing and DNC list regulations range from $1,000 for a first-time state offense	Telemarketers must stop calling registered numbers within 31 days.
Indiana	Yes, layered with national registry	General telemarketing: 8am-9pm local Robocalls and automated calls: 9am-8pm local	Civil penalties of up to $10,000 for the first violation and up to $25,000 for each subsequent violation	Telemarketers must register annually and pay fees.
Louisiana	Yes, but not automatically layered with the national registry	8am-8pm local time Strict rules preventing sales calls on Sundays, legal holidays	Standard Violation: Up to $1,500 per call. Elderly Violation: Up to $3,000; person called is over 60 years old. Unregistered Solicitor Violation: An additional $10,000 fine without state registration	Telemarketers legally required to scrub their calling lists against the state-specific and federal registries every 31 days.
Michigan	No, uses national registry	9am-9pm local time (per Michigan’s Penal Code)	Base civil penalty of up to $25,000 per violation	Violation of the Home Solicitation Sales Act also constitutes a violation of the Consumer Protection Act.
Missouri	Yes, the Missouri No-Call List works alongside the national registry	8am-9pm local time	Maximum civil penalties of $5,000 per knowing violation Law allows for a maximum of $1,000 per violation for other telemarketing law violations, such as unauthorized SMS.	Exemptions include existing business relationships, referrals, and certain non-profits.
New Jersey	No, uses national registry	8am-9pm local time	Maximum fine under the state’s DNC law is $10,000 for the first offense and up to $20,000 for each subsequent offense	Telemarketers must register annually, with fees ranging from $150 to $2,000 depending on call volume.
New York	No, uses national registry	8am-9pm local time	Maximum fine of $20,000 per violation	Businesses must disclose identity and purpose within the first 10 seconds.
Oregon	Yes, layered with the national registry	9am-7pm local time	State Fines: Civil penalties that range from $100 to $25,000 per call	Cannot call the same consumer more than three times within a 24-hour period. Law extends coverage to SMS.
Pennsylvania	Yes, layered with national registry	8am-9pm local time	Standard civil penalty of up to $1,000 per violation Triples to a maximum of $3,000 per violation if the person is 60 years of age or older	State DNC list is updated quarterly. No calls allowed on Sundays.
Texas	Yes; completely separate from the national registry	Weekdays & Saturdays: 9am-9pm local time Sundays: 12pm-9pm local time	Civil penalties ranging from $1,000 to $5,000 per violation under Texas SB 140	Exemptions exist for political organizations, non-profits, and established business relationships.

State-specific Do-Not-Call regulations

Some states have additional considerations, requiring businesses to comply with both federal and state laws. For example:

California Consumer Privacy Act – CCPA

• Consumers are protected by both the federal National Do Not Call Registry and the state’s specific telemarketing regulations, requiring marketers to scrub lists every 31 days.
  Telemarketers must provide an opt-out option for consumers.
• Prohibits sharing or selling personal data for marketing without proper notice and consent.

Colorado Do-Not-Call list rules

• Telemarketers must register with the Colorado Public Utilities Commission and the Attorney General’s Office before contacting residents.
• State No-Call List runs in parallel with the national registry, covering Colorado’s residential and wireless subscribers.
• Telemarketing lists must be updated against the Colorado No-Call List within 30 days of each calendar quarter.
• Violations carry penalties up to $500 per violation under the state’s commercial telephone seller laws, plus potential attorney fees.
• Note: business subscribers cannot register on the Colorado No-Call List.  It covers residential numbers only.

Florida Do-Not-Call list rules (Florida Telemarketing Act)

• Telemarketers must obtain a license before making calls.
• Calls are restricted from 8 AM to 8 PM (stricter than federal hours).
• Fines up to $10,000 per violation.
• SB 1120 (2021) added stricter regulations, including requiring prior written consent for telemarketing calls using automated systems.

Illinois Do-Not-Call rules

• Illinois does not maintain a separate state Do-Not-Call (DNC) list.
• The state follows the National DNC Registry.
• Residents can register home or mobile numbers at donotcall.gov or by calling 1-888-382-1222.
• Telemarketers must stop calling registered numbers within 31 days.
• Exemptions may include:
  
  • Political calls
  • Charitable calls
  • Survey calls
  • Debt collection calls
  • Informational messages
  • Calls from businesses with an existing relationship
  • Calls with prior written consent
    
• Registration is free and remains active unless the number is disconnected or removed manually.

Indiana Do-Not-Call list

• One of the strictest state DNC laws.
• No exemptions for political or charitable calls.
• Violators face fines of up to $10,000 per call.
• Telemarketers must register annually and pay fees.

Louisiana Do-Not-Call rules

• Managed by the Louisiana Public Service Commission under the Louisiana Telephone Solicitation Relief Act.
• Residential phone numbers may be added to the state DNC list; business numbers are excluded.
• Telemarketers may not call listed numbers, with exemptions for prior relationships, express requests, non-profits using unpaid solicitors, and political calls.
• The DNC list has been active since 2002 and is free to join.

Michigan Do-Not-Call rules

• Michigan adopted the federal Do-Not-Call Registry as its official state list, so registering with the national registry covers Michigan residents automatically.
• The Home Solicitation Sales Act bars telemarketers from using recorded messages, blocking caller ID, or calling anyone who has asked to stop.
• Calls are prohibited between 9 p.m. and 9 a.m., a tighter window than the federal 9 p.m. cutoff alone suggests, since Michigan also restricts early-morning calls.
• Violators can face civil penalties, misdemeanor charges, and private lawsuits seeking actual damages or $250 (whichever is greater), plus attorney fees.

Missouri Do-Not-Call rules

• Overseen by the Missouri Attorney General’s Office.
• Residents can register residential and mobile numbers to block unsolicited sales calls and texts.
• Exemptions include existing business relationships, referrals, and certain non-profits.
• The list is updated quarterly, and registration does not expire unless the number changes.
• Violators may face civil penalties up to $5,000 per knowing violation.

New Jersey Do-Not-Call rules

• The New Jersey Do-Not-Call law is now in effect providing New Jersey residents additional protection from unsolicited and unwanted telemarketing sales calls.
• Telemarketers must register annually with the Division of Consumer Affairs, with fees ranging from $150 to $2,000 depending on call volume.
• Calls are barred between 9 p.m. and 8 a.m., and telemarketers must disclose their identity and purpose within the first 30 seconds of a call.
• Penalties run up to $10,000 for a first offense and $20,000 for each subsequent offense,  among the highest of any state.

New York State Do-Not-Call rules

• Enforced by the New York Department of State.
• Prohibits unsolicited calls to numbers registered on the state’s DNC list.
• Businesses must disclose identity and purpose within the first 10 seconds.
• Violators face penalties of up to $20,000 per violation.

Oregon Do-Not-Call rules

• Governed by the Telemarketing Fraud Prevention Act, layered on top of the National DNC Registry.
• Telemarketers must register with the Oregon Attorney General’s Office before soliciting state residents.
• House Bill 3865 (effective September 29, 2025) tightened the rules significantly: calls are now restricted to the hours of 9 a.m. to 7 p.m., and businesses may not solicit the same consumer more than three times within a 24-hour period.
• The law also extended coverage to text messages, not just voice calls, and requires automatic dialing devices to provide a clear opt-out mechanism.

Pennsylvania Telemarketer Registration Act

• Requires all telemarketers to register with the Attorney General’s Office.
• The State DNC list is updated quarterly.
• No calls allowed on Sundays.
• Violators can face civil penalties up to $1,000 per violation.

Texas Do-No-Call list rules

• The Texas Public Utility Commission maintains its own Texas No-Call List, separate from the National DNC Registry.
• Fines up to $1,000 per violation.
• Businesses must register with the state before making telemarketing calls.
• Exemptions exist for political organizations, non-profits, and established business relationships.

To further reduce unwanted calls, Illinois residents are encouraged to opt out of data broker listings, which are often used by scammers.

Many other states follow similar patterns, with some having their own enforcement bodies and penalties that could stack on top of federal fines.

Navigating state Do-Not-Call rules

Managing compliance across multiple states requires vigilance, as state rules may differ on key points, including:

• Call time restrictions: While the national rule restricts calls to between 8 a.m. and 9 p.m., some states may have narrower time windows.
• Consent requirements: Some states require more explicit consent before telemarketing calls can be made, with stricter documentation and consent verification processes.
• Internal lists: Businesses may also be required to maintain and update their own internal DNC lists based on consumer requests as well as state and national registries.

Seeking legal counsel for state compliance

Given the complexity and variability of state-specific rules, it is advisable for businesses to seek legal counsel regarding both federal and state DNC laws. Failure to comply can result in both state and federal penalties, compounding the risks for businesses operating across multiple regions.

Importance of consent and how TrustedForm helps

Obtaining and documenting consent is a cornerstone of compliance with DNC rules for businesses. Having a robust system in place to track and document consent can be the difference between compliance and expensive penalties.

Why consent matters

• Clear evidence: If there’s ever a dispute, businesses need to provide clear evidence that consent was given before any telemarketing calls were made.
• Consumer trust: Gaining consent also helps foster trust with potential customers, ensuring they are more receptive to marketing efforts and less likely to file complaints.

The TrustedForm solution

TrustedForm is the ultimate compliance solution for the lead generation industry. TrustedForm helps companies document prior express written consent to empower marketing efforts while helping to comply with regulations like the Telemarketing Sales Rule (TSR), Telephone Consumer Protection Act (TCPA), and related DNC rules

With TrustedForm, businesses can:

• Maintain compliance with documentation of prior express written consent
• Review and audit lead sources with viewable and shareable consent-to-contact session replays
• Optimize purchasing and communication decisions with data about your leads

Best practices for compliance

Staying compliant with DNC rules requires businesses to implement best practices across all telemarketing efforts. Here are a few tips:

• Regularly update your call lists: Maintain that your call lists are up-to-date and cross-referenced with the most recent DNC registry.
• Leverage AI receptionists to collect consent: Capture verbal consent by having your AI receptionist collect marketing preferences before transferring calls to agents or during post-call surveys. Every opt-in gets timestamped and logged automatically for compliance audits.
• Train your staff: Make sure your telemarketing staff understands the FTC and FCC DNC rules and the importance of compliance.
• Use consent verification tools: Platforms like TrustedForm help streamline the consent process and provide reliable proof if needed.
• Respect opt-out requests: Always honor requests to be placed on a DNC list immediately and avoid calling those numbers again.

FAQs

1) What are the rules for the Do-Not-Call list?

The Do-Not-Call (DNC) rules limit when and how businesses can contact consumers for telemarketing. They’re enforced primarily under the FTC’s Telemarketing Sales Rule (TSR) and the FCC’s Telephone Consumer Protection Act (TCPA).

Here are the core requirements:

• Check the National DNC Registry every 31 days
  Telemarketers must scrub their call lists against the registry at least once every 31 days.
• Do not call registered numbers
  You cannot call or text numbers on the registry unless:
  • You have prior express written consent, or there is an established business relationship (EBR)
• Obtain prior express written consent
  For many marketing calls and texts, especially robocalls or calls to mobile phones, documented written consent is required under the TCPA.
• Follow calling time restrictions
  Calls are allowed only between 8 a.m. and 9 p.m. (recipient’s local time), unless state law is stricter.
• Identify yourself clearly
  At the start of the call, you must provide:
  • Your name
  • Company name
  • Contact information
• Maintain an internal Do-Not-Call list
  If a consumer asks not to be called, you must:
  • Add them to your company’s internal DNC list
  • Stop calling them immediately
• Comply with state-specific rules
  Many states have additional requirements, such as:
  • Shorter calling windows
  • Licensing or registration requirements
  • Higher penalties

2) Who enforces Do-Not-Call rules in the U.S.?

• Federal Trade Commission (FTC): Oversees the National Do-Not-Call Registry under the Telemarketing Sales Rule (TSR). Can issue fines for violations.
• Federal Communications Commission (FCC): Enforces the Telephone Consumer Protection Act (TCPA), including robocalls and calls to mobile phones without consent.
• State Attorneys General: Enforce both federal and state DNC laws. Many states have their own DNC lists and penalties.
• Private individuals: Consumers can sue under the TCPA for:
  • Up to $500 per violation
  • Up to $1,500 per violation if the violation is willful

3) What are the penalties for violating federal DNC rules?

• Up to $43,792 per illegal call (each call counts as a separate violation)
• Class action lawsuits, which can significantly increase financial exposure
• Federal investigations for repeated or large-scale violations, potentially leading to additional fines or business restrictions

4) Does Canada have Do-Not-Call rules?

Yes. Canada regulates telemarketing through the National Do Not Call List (DNCL), enforced by the CRTC.

Key rules:

• Consumer registration: Free for individuals
• Business requirement: Telemarketers must register and check the DNCL before calling
• Fines: Up to $15,000 per violation

Calling restrictions:

• Weekdays: 9 a.m. – 9 p.m. (recipient’s local time)
• Weekends: 10 a.m. – 6 p.m.
• Callers must clearly identify themselves at the start of the call.

Exemptions include:

• Charities
• Political parties and candidates
• Newspaper subscription calls
• Businesses with an existing business relationship (EBR)

Enforcement:

• Consumers can file complaints with the CRTC.
• The CRTC investigates violations and has issued millions in penalties.

Final thoughts

Complying with DNC rules is essential for any business engaged in telemarketing. Failure to follow the rules can result in substantial fines, legal action, and damaged reputations. By understanding these regulations and using tools like TrustedForm to track consent, businesses can protect themselves while ensuring that their marketing practices respect consumer preferences.

Safeguard your telemarketing campaigns with the help of TrustedForm.

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