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Telemarketing Regulation: National and State
Do Not Call Registries

Kathleen Ann Ruane
Legislative Attorney
August 14, 2014
Congressional Research Service
7-5700
www.crs.gov
R43684

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Telemarketing Regulation: National and State Do Not Call Registries

Summary
Today, it is axiomatic that telemarketers in the United States generally are not permitted to place
outgoing telemarketing calls to phone numbers on the national do not call list, unless an exception
applies. This was not always the case, however. The National Do Not Call Registry was
implemented by Congress and by the Federal Trade Commission (FTC) and the Federal
Communications Commission (FCC) in response to widespread frustration on the part of citizens
with what were perceived to be abusive telemarketing practices. Particularly irritating and
invasive were the numerous calls to residences on the part of telemarketers during dinner hours.
In an attempt to address these complaints, Congress granted the FTC and the FCC the authority to
regulate telemarketing practices. From these initial grants of regulatory authority grew the
National Do Not Call Registry.
The development and implementation of the national do not call list was not straightforward. No
single law creates the list. Instead, it developed from a combination of statutes and regulations
over time, as Congress and the federal agencies tasked with the responsibility of regulating
telemarketing developed strategies to better alleviate perceived consumer harm. This report will
outline the laws underpinning the national do not call list; describe the regulations implementing
the list; answer some of the most frequently asked questions related to the list; and discuss the
possible penalties for violating the rules. The report will also briefly discuss some of the ways the
various states have implemented their own do not call lists.

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Contents
Introduction ...................................................................................................................................... 1
National Do Not Call Registry ......................................................................................................... 1
Federal Statutes.......................................................................................................................... 1
Regulations ................................................................................................................................ 3
What types of numbers can be placed on the National Do Not Call List? .......................... 3
Will numbers be removed from the National Do Not Call List after a certain
period of time? ................................................................................................................. 3
Who must obey the prohibitions of the National Do Not Call List? ................................... 4
What are the exceptions? ..................................................................................................... 4
Is there a safe harbor for telemarketers who mistakenly violate the Do Not Call
List? .................................................................................................................................. 4
Are unwanted text message solicitations covered by the National Do Not Call
List? .................................................................................................................................. 5
Enforcement and Penalties ........................................................................................................ 5
Federal Enforcement ........................................................................................................... 5
Actions by States ................................................................................................................. 6
Private Rights of Action ...................................................................................................... 6
State Do Not Call Regimes .............................................................................................................. 7

Contacts
Author Contact Information............................................................................................................. 9

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Introduction
Today, it is axiomatic that telemarketers in the United States generally are not permitted to place
outgoing telemarketing calls to phone numbers on the national do not call list, unless an exception
applies. This was not always the case, however. The National Do Not Call Registry was
implemented by Congress and by the Federal Trade Commission (FTC) and the Federal
Communications Commission (FCC) in response to widespread frustration on the part of citizens
with what were perceived to be abusive telemarketing practices. Particularly irritating and
invasive were the numerous calls to residences on the part of telemarketers during dinner hours.
In an attempt to address these complaints, Congress granted the FTC and the FCC the authority to
regulate telemarketing practices. From these initial grants of regulatory authority grew the
National Do Not Call Registry.
The development and implementation of the national do not call list was not straightforward. No
single law creates the list. Instead, it developed from a combination of statute and regulation over
time, as Congress and the federal agencies tasked with the responsibility of regulating
telemarketing developed strategies to better alleviate perceived consumer harm. This report will
outline the laws underpinning the national do not call list, describe the regulations implementing
the list, answer some of the most frequently asked questions related to the list, and discuss the
possible penalties for violating the rules. The report will also briefly discuss some of the ways the
various states have implemented their own do not call lists.
National Do Not Call Registry
Arguably the most important tool for combatting intrusive telemarketing practices is the National
Do Not Call Registry. The registry is a list of telephone numbers that telemarketing providers
must purchase from the FTC periodically.1 Telemarketers are forbidden from making
telemarketing calls to any number on that list, unless an exception applies.2
Federal Statutes
Two federal statutes, and subsequent amendments, govern the telemarketing industry at the
national level. They grant overlapping authority to the FCC and the FTC to create and implement
a national do not call registry.
The Telephone Consumer Protection Act of 1991 (TCPA) granted the FCC the authority to
develop rules related to telemarketing and the use of automated telephone dialers.3 The TCPA
directed the FCC to initiate a rulemaking proceeding “concerning the need to protect residential
telephone subscribers’ privacy rights to avoid receiving telephone solicitations to which they
object,” and explicitly includes the authority to create “a single national database to compile a list
of telephone numbers of residential subscribers who object to receiving telephone solicitations,

1 15 U.S.C. § 6152.
2 16 C.F.R. § 310.4(b).
3 47 U.S.C. § 227.
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and to make that compiled list and parts thereof available for purchase.”4 Initially, the FCC chose
not to implement a single national list, and instead required companies to maintain their own lists
of persons that requested not to receive telemarketing calls from each specific telemarketing
company.5 However, after that method proved to be ineffectual, the FCC adopted rules creating a
national do not call registry and coordinated those rules with the FTC.6
The Telemarketing Consumer Fraud and Abuse Prevention Act of 1994 (TCFAPA) directs the
FTC to “prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive
telemarketing acts or practices.”7 The TCFAPA makes clear that patterns of unsolicited phone
calls are to be considered an abusive practice under the rules. Using this authority, the FTC
promulgated the Telemarketing Sales Rule, which prohibited telemarketers from initiating “an
outbound telephone call to a person when that person has stated that he or she does not wish to
receive” such calls, and also made it an abusive telemarketing practice to initiate any
telemarketing call to any phone number that had been placed on the do not call list maintained by
the FTC.8
Following the adoption of the Telemarketing Sales Rule, telemarketers challenged the rule on two
main grounds. First, the telemarketers claimed that the FTC did not have the authority under the
TCFAPA to implement a do not call list.9 Second, the telemarketers claimed that the do not call
list violated their First Amendment rights. In response to the first challenge, Congress passed the
Do Not Call Implementation Act.10 That statute makes clear that the FTC has the authority under
the TCFAPA to implement the do not call registry, as well as the other requirements of the
telemarketing sales rule, and solidifies the agency’s ability to charge fees to telemarketers that
must use the registry. In response to the second challenge, the Tenth Circuit Court of Appeals held
that the do not call registry was a narrowly tailored regulation of commercial speech that did not
violate telemarketers’ First Amendment rights.11
Finally, jurisdictional issues create the necessity for both the FTC and the FCC to work together
to fully implement the national do not call list. The FTC does not have jurisdiction over financial
institutions or common carriers, such as telephone companies.12 As a result, the FTC’s rules
cannot be enforced against these institutions. The FCC’s authority is much broader, covering any
“telephone call or message for the purpose of encouraging the purchase or rental of, or investment
in, property, goods or services.”13 This language allows the FCC to enforce telemarketing rules
against financial institutions and common carriers that would not be covered by the FTC’s rules.
The FCC and the FTC are statutorily obligated to coordinate their rules and implementation of the

4 47 U.S.C. § 227(c).
5 Implementing the Tele. Consumer Prot. Act of 1991, Report and Order, 7 F.C.C.R. 8752 (1992).
6 Implementing the Tel. Consumer Prot. Act of 1991, Notice of Proposed Rulemaking and Memorandum Opinion and
Order, 17 F.C.C.R. 17459 (2002).
7 15 U.S.C. §§ 6101 et seq.
8 16 C.F.R. § 310.4(b).
9 U.S. Security, et. al. v. FTC, 282 F. Supp. 2d 1285 (W.D. Okla. 2003).
10 Codified at 15 U.S.C. § 6151.
11 Mainstream Marketing Services v. FTC, No 358 F.3d 1228 (10th Cir. 2004).
12 15 U.S.C. § 46(a).
13 47 U.S.C. § 227(a)(2).
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do not call list, providing consistency to telemarketers seeking to comply with the statute and
regulations.14
Regulations
Both the FTC and FCC have regulations implementing the national do not call list, which are
required by statute to be coordinated with each other. There is only one list, and it is maintained
by the FTC.15 This section will address a number of the most salient questions related to the
regulations of the national do not call list.
What types of numbers can be placed on the National Do Not Call List?
Only personal telephone numbers can be placed on the national do not call list.16 These telephone
numbers can be residential telephone lines or cellular phone numbers.17 People are also able to
place their personal telephone numbers on company-specific do not call lists that must be
maintained by every company engaged in telemarketing.18 Telemarketers must periodically pay
fees for access to the list.19
Businesses are not allowed to place their telephone numbers on the do not call list. The TCPA
applies only to telemarketing sales calls made to residential telephone lines.20 The TCFAPA
applies only to telemarketing calls made to consumers.21 As a result, businesses are precluded
from placing their numbers on the do not call list.22 An amendment to the TCPA and TCFAPA by
Congress likely would be required in order to allow businesses to place their phone numbers on
the list.
Will numbers be removed from the National Do Not Call List after a certain
period of time?

Numbers will not be removed from the list unless a person to whom the number is registered
requests that the number be removed or the number’s use is otherwise discontinued (i.e.,
disconnected).23 When the do not call registry was first implemented, numbers placed on the list
needed to be renewed every five years.24 However, in 2007, Congress passed the Do Not Call

14 15 U.S.C.§ 6152.
15 FTC, National Do Not Call Registry, https://www.donotcall.gov/.
16 FTC, National Do Not Call Registry, http://www.consumer.ftc.gov/articles/0108-national-do-not-call-registry.
17 Id.
18 16 C.F.R. § 310.4(b).
19 15 U.S.C. § 6152.
20 47 U.S.C. § 227(c).
21 15 U.S.C. § 6102.
22 FTC, Complying with the Telemarketing Sales Rule, http://www.business.ftc.gov/documents/bus27-complying-
telemarketing-sales-rule#Glance.
23 47 U.S.C. § 64.1200(c)(2).
24 See, FTC, “FTC Pledges Not to Drop Any Numbers from Do Not Call Registry, Pending Final Congressional or
Agency Action on Whether to Make Registration Permanent,” press release, Oct. 23, 2007.
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Improvement Act, which eliminated the five-year statutory time limit and paved the way for the
FTC and FCC to allow phone numbers to remain on the list indefinitely.25
Who must obey the prohibitions of the National Do Not Call List?
Telemarketers seeking to induce consumers to purchase goods or services must obey the
prohibition.26 Telemarketing is defined as “a plan, program, or campaign which is conducted to
induce the purchase of goods or services or charitable contribution, by use of one or more
telephones and which involves more than one interstate telephone call.”27
Although charitable solicitations are considered to be telemarketing, charitable organizations and
those making phone calls to solicit donations on their behalf are not required to obey the do not
call prohibitions.28 However, telemarketers making charitable solicitations are required to abide
by a number of disclosure rules and other regulations. Furthermore, charitable organizations must
keep and abide by an internal do not call list of names and numbers of persons who have asked
the organization to stop calling their numbers. Therefore, although charitable organizations may
not be required to abide by the national do not call list, they are required to respect the requests of
individuals not to be contacted again by telephone.
Also not covered by the national do not call list are candidates for federal, state, or local public
offices.29 Candidates for office do not fall under the definition of telemarketers, and therefore are
not prohibited from calling numbers on the national do not call list. Regulating political telephone
solicitations would also likely face a First Amendment challenge because political campaigning is
fully protected speech under the Constitution.30
What are the exceptions?
A telemarketer making calls to induce the purchase of goods or services may disregard the fact
that a telephone number is on the do not call list if (1) the telemarketer has obtained the express
written consent of the person to place calls to that person or (2) the telemarketer has an
established business relationship with that person.31
Is there a safe harbor for telemarketers who mistakenly violate the Do Not
Call List?

Yes, there is a safe harbor for calls mistakenly placed to numbers on the do not call list as long as
the telemarketer has implemented sufficient policies and safeguards to prevent, to the greatest
extent possible, mistaken telemarketing calls to numbers on the do not call list. To that end, the

25 15 U.S.C. § 6155.
26 FTC, National Do-not-call Registry, http://www.consumer.ftc.gov/articles/0108-national-do-not-call-registry.
27 16 C.F.R. § 310.2.
28 16 C.F.R. § 310.4(b).
29 See CRS Report RL34361, Automated Political Telephone Calls (“Robo Calls”) in Federal Campaigns: Overview
and Policy Options
, by R. Sam Garrett and Kathleen Ann Ruane.
30 Id.
31 16 C.F.R. § 310.4(b).
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rules state that telemarketers will not be held liable for violating the do not call list if they can
demonstrate that they have (1) established written procedures to comply with the do not call list;
(2) trained personnel in procedures for complying with the list; (3) maintained a list of persons
that they may not contact; (4) a process in place to prevent phone calls to either numbers on the
national do not call list or numbers on the telemarketers’ internal do not call list; (5) a process in
place to monitor calls to prevent violations of the do not call list; and (6) maintained an errant list
of all calls that violate the do not call regulations.32
Are unwanted text message solicitations covered by the National Do Not Call
List?

No. The National Do not call List does not apply to text messages.33 Other portions of federal law
cover unwanted text message solicitation. The TCPA prohibits the use of automated telephone
dialers to send any text messages to mobile phones, unless the message is for emergency purposes
or prior consent was given.34 The CAN SPAM Act of 2003 prohibits the sending of unsolicited
commercial email messages, which can sometimes take the form of text messages, unless the
sender has an established business relationship with the recipient.35
Enforcement and Penalties
There are three ways that violations of the national do not call list may be enforced. The rules
may be enforced by the federal government, state governments, or by private rights of action.
Federal Enforcement
Either the FCC or the FTC can enforce violations of the national do not call list. The TCFAPA
makes clear that violations of the FTC’s rules related to the national do not call list are to be
considered unfair and deceptive trade practices under the Federal Trade Commission Act.36 This
gives the FTC the power to fine companies up to $16,000 for violations of the regulations.37
Violators may also be subject to nationwide injunctions against violations of the do not call list.38
According to testimony given by the FTC before the Senate Subcommittee on Consumer
Protection, Product Safety, and Insurance in 2013, the agency had collected civil penalties
exceeding $126 million, and had extracted $741 million in redress and disgorgement over the
course of 105 enforcement actions for violations of the FTC’s telemarketing sales rule.39 The FTC

32 47 C.F.R. § 64.1200(c).
33 16 C.F.R. § 310.4(b) (prohibiting telephone calls to numbers on the do-not-call list).
34 47 U.S.C. § 227(b).
35 P.L. 108-187 (108th Cong.).
36 15 U.S.C. § 6102(c).
37 15 U.S.C. § 45(m)(1)(A).
38 15 U.S.C. § 53(b).
39 Stopping Fraudulent Robocall Scams: Can More Be Done?: Hearing Before the Subcomm. on Consumer Protection,
Product Safety, and Insurance of the S. Comm. on Commerce, Science, and Transportation
, 113th Cong. (2013)
(statement of The Federal Trade Commission) available at http://www.ftc.gov/sites/default/files/documents/
public_statements/prepared-statement-federal-trade-commission-entitled-%E2%80%9Cstopping-fraudulent-robocall-
scams-can-more-be/130710robocallstatement.pdf.
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also pointed out that many other enforcement cases were still ongoing at the time; therefore, the
aggregate dollar figures may have grown since that testimony was given.
In addition, the FCC has the power to issue warnings, citations, and fines for violations of the
national do not call list up to $16,000 per violation.40 For example, in May 2014, Sprint
Corporation agreed to pay a record $7.5 million fine to settle an action brought against the
company by the FCC for violations of do not call regulations.41 Both agencies purport to
vigorously enforce the do not call list as well as other telemarketing rule violations.42
Actions by States
Under the TCFAPA, state attorneys general may bring civil actions on behalf of the residents of
their individual states against telemarketers that they believe to be violating any of the rules
promulgated by the FTC under the act, including the national do not call list.43 The lawsuits may
result in orders to enjoin future violations, monetary damages, restitution, or other compensation
on behalf of the residents of the state, and any other relief that a reviewing court deems
appropriate.
Under the TCPA, state attorneys general may bring civil suits on behalf of residents of their state
against telemarketers that have engaged in a pattern of calls in violation of the rules promulgated
under the TCPA.44 The state may recover actual monetary losses or $500 in damages, whichever
is greater, for each violation. If the court finds that the telemarketer committed knowing or willful
violations of the regulations, the court may award treble damages to the state.
Private Rights of Action
Both the TCPA and TCFAPA grant a private right of action to people who have been adversely
affected by violations of the rules promulgated under either law. Under the TCFAPA, persons
injured may bring a lawsuit in federal court within three years after the discovery of a violation of
the act if the amount in controversy exceeds $50,000 in actual damages for each person affected
by the alleged violations.45 Consequences of such a lawsuit could include an order enjoining the
telemarketer against future violations, monetary damages, or any other relief that the court may
deem appropriate. Considering that the amount in controversy must exceed $50,000 per person
affected by any alleged violation, it would likely be rare that citizens who have experienced
violations of the national do not call list would be able to sue pursuant to this private right of
action.

40 47 U.S.C. § 503(b)(authorizing the FCC to impose forfeiture penalties); 15 U.S.C.§ 6152 (requiring the FCC to
coordinate with the FTC to maximize consistency in the application of do-not-call list rules).
41 FCC, “Sprint to Pay $7.5 Million for Unwanted Marketing Calls and Texts in Record Do-Not-Call Settlement,” press
release, May 19, 2014, https://apps.fcc.gov/edocs_public/attachmatch/DOC-327147A1.pdf.
42 See statement of the Federal Trade Commission, hearing before the Senate Committee on Commerce, Science, and
Transportation, Subcommittee on Consumer Protection, Product Safety, and Insurance, Stopping Fraudulent Robocall
Scams: Can More Be Done?
, 113th Cong., 1st sess., July 10, 2013, available at http://www.ftc.gov/sites/default/files/
documents/public_statements/prepared-statement-federal-trade-commission-entitled-%E2%80%9Cstopping-
fraudulent-robocall-scams-can-more-be/130710robocallstatement.pdf.
43 15 U.S.C. § 6103.
44 47 U.S.C. § 227(f).
45 15 U.S.C. 6104
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The TCPA provides a more robust private right of action than the TCFAPA. Under the TCPA, any
person who has received more than one call from the same entity in violation of the rules
promulgated under the TCPA, including violations of the national do not call list, may bring a
lawsuit in state court based on the violation, and may attempt to recover damages “for actual
monetary loss from such violation, or to receive up to $500 dollars in damages for each such
violations, whichever is greater.”46 Telemarketers are granted an affirmative defense in potential
suits brought under this provision. If the telemarketer can show that it has “established and
implemented, with due care, reasonable practices and procedures to effectively prevent”
violations of the TCPA, then the telemarketer will not be held liable for any alleged violations.
This affirmative defense mirrors the safe harbor that the FCC and FTC provide in regulation.
However, if the reviewing court finds that a violation was knowing and willful, the court has
discretion to award treble damages in that case.
State Do Not Call Regimes
Prior to the implementation of a national do not call list, states had various approaches to the
regulation of telemarketing sales calls. However, since the creation of the national do not call list,
it appears that most states, in one way or another, have chosen to use the national do not call list
as the primary way to prevent the receipt of unwanted telemarketing calls within each state.
Nonetheless, there is some variation in state do not call list regulation.
Many states have explicitly adopted the national do not call registry as the official state-wide
registry.47 Telemarketers within these states must abide by the prohibition on calling numbers on
the national registry, and state residents need only place their number on the national registry for
state penalties for violations of the registry to apply. In addition to the adoption of the national do
not call list, these states may also add additional requirements for telemarketing calls within their
state.48 For example, some states require telemarketers to register with the state in order to make
telemarketing calls within the state.49 Some states, in addition to regulating which numbers can be
called, regulate the use of automated dialing systems that make the phone calls.50 Some states,
like Rhode Island and North Dakota, also prohibit the sending of unsolicited commercial text

46 47 U.S.C. § 227(c)(5).
47 Alabama, Code of Ala. § 8-19C-2; Alaska, A.S. § 45.50.475; Arizona, A.R.S. § 44-1278; Arkansas, A.C.A. §4-99-
405; California, Cal Bus & Prof Code § 17590; Connecticut, Conn. Gen. Stat. § 42-288a; Georgia, O.C.G.A. § 46-5-27;
Idaho, Idaho Code § 48-1003A; Illinois, 815 ILCS 413/15; Kansas, K.S.A. § 50-670a; Kentucky, KRS § 367.46955;
Maine, 10 M.R.S. § 1499-B; Michigan, MCLS § 445.111a; Nevada, N.R.S. §228.540; New Hampshire, RSA 359-E:8;
New Mexico, New Mexico Statute § 57:12-22; New Jersey, N.J. Stat. § 56:8-127; New York, General Business Law
§399-z; North Carolina, N.C. Gen. Stat. § 75-102; North Dakota, N.D. Cent. Code, § 51-28-06; Oregon, ORS §
646.572; Rhode Island, R.I. Gen. Laws § 5-61-3.5; South Dakota, S.D. Codified Laws § 49-31-99-49-31-101; Utah,
Utah Code Ann. § 13-25a-103; Virginia, Code of Virginia §59.1; Wyoming, Wyo. Stat. § 40-12-302.
48 See National Conference of State Legislators, State Unsolicited Commercial Communication Laws (April 24, 2014),
available at http://www.ncsl.org/research/telecommunications-and-information-technology/unsolicited-commercial-
communication-laws.aspx.
49 See, e.g., Arizona, A.R.S. § 44-1272; California, Cal Pub Util Code § 2871; Kentucky, KRS § 367.46971; New
Jersey, N.J. Stat. § 56:8-121.
50 See National Conference of State Legislators, State Unsolicited Commercial Communication Laws (April 24, 2014),
available at http://www.ncsl.org/research/telecommunications-and-information-technology/unsolicited-commercial-
communication-laws.aspx. The federal government also regulates the use of automated telephone dialers. 47 U.S.C. §
227(a).
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messages to telephone numbers within the state that are on the national do not call list.51 Other
states, like California, place independent restrictions and prohibitions on the sending of
unsolicited text messages.52
Some states continue to operate their own do not call registries, or designate a private non-profit
corporation to maintain the state-specific list.53 Telemarketers in these states, in addition to
obtaining and complying with the national registry, must also obtain and comply with the state
registry. State registries may provide more protection from unsolicited commercial calls than the
federal government, or less as the case may be. For example, Indiana, Missouri, Louisiana, and
Oklahoma in addition to prohibiting commercial phone calls, also prohibit commercial text
messages sent to numbers on the state do not call list, a prohibition not included in the national
statutory scheme.54 Tennessee, in addition to allowing residential and personal wireless telephone
numbers on its statewide list, also permits certain state government entities to place their numbers
on the list.55 On the other hand, Florida residents must register their numbers every five years to
remain on the state do not call list, whereas numbers remain on the national list permanently.56
Residents in these states have the option of placing their residential or cellular phone numbers on
either or both do not call lists. These states may also have additional state telemarketing
regulations, including regulations of the use of automated telephone dialers, registration, or
disclosure requirements.57
Texas has two state-maintained do not call registries. One registry is similar in scope to the
national do-not call registry in that it permits Texas residents to register their residential and
cellular telephone numbers to avoid receiving any unsolicited telemarketing calls or text
messages.58 The other list, however, allows businesses to register their telephone numbers to
avoid receiving only telephone solicitation calls relating to the customer’s choice of retail electric
provider.59 Texas’s limited-business do not call list appears to be the only do not call registry that
prohibits telemarketing sales calls to business telephone numbers. All other do not call lists, both

51 N.D. Cent. Code, § 51-28-06; N.D. Cent. Code §51-28-01; R.I. Gen. Laws § 5-61-3.5; Utah Code Ann. § 13-39-202
(prohibiting text messages that may be harmful to children from being sent to numbers on the do not call list). See also,
National Conference of State Legislators, State Unsolicited Commercial Communication Laws (April 24, 2014),
available at http://www.ncsl.org/research/telecommunications-and-information-technology/unsolicited-commercial-
communication-laws.aspx.
52 See, e.g., California, Cal Bus & Prof Code § 17538.41; Michigan, MCLS § 752.1061 (prohibiting sending text
message advertisements to minors in certain circumstances).
53 Colorado, C.R.S. 6-1-905; Florida, Fla. Stat. § 501.059; Indiana, Burns Ind. Code Ann. § 24-4.7-4-1; Louisiana, La.
R.S. 45:844.14; Massachusetts, ALM GL ch. 159C, § 2; Mississippi, Miss. Code Ann. § 77-3-707 (repealed effective
July 1, 2017); Missouri, Mo. R.S. §407.1098.1; Montana, 30-14-1602, MCA; Oklahoma, 15 Okl. St. § 775B.4,
Pennsylvania, 73 P.S. § 2245.2, 73 P.S. § 2242 (list maintained by non-profit corporation designated by the Attorney
General); Tennessee, Tenn. Code Ann. § 65-4-405(requires the state list to include the names on the national registry,
but does not substitute the national registry for the state); Wisconsin, Wis. Stat. § 100.52.
54 I.C. 24-5-14-5; I.C. 24-4.7-2-9; La. R.S. 45:844.14; Mo. R.S. §407.1095(3); 15 Okl. St. § 775B.4.
55 Tenn. Code Ann. § 65-4-410.
56 Fla. Stat. § 501.059.
57 See National Conference of State Legislators, State Unsolicited Commercial Communication Laws (April 24, 2014),
available at http://www.ncsl.org/research/telecommunications-and-information-technology/unsolicited-commercial-
communication-laws.aspx. The federal government also regulates the use of automated telephone dialers. 47 U.S.C. §
227(a).
58 Tex. Bus. & Com. Code § Tex. Bus. & Com. Code §§ 304.002; 304.051.
59 Tex. Utilities Code § 39.1025.
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national and state, apply only to personal (i.e., either residential or cellular) telephone numbers,
and one state permits the registration of certain state government entities.60
Finally, a few states have not statutorily adopted the national do not call registry as the state’s
official registry, or implemented state penalties for violation of the do not call list, but do have
other telemarketing restrictions in place.61 These states may require registration with the state to
engage in telemarketing.62 They also may regulate the use of automated telephone dialers63 or text
messages.64 In these states, the national do not call list remains available to state residents.


Author Contact Information
Kathleen Ann Ruane
Legislative Attorney
kruane@crs.loc.gov, 7-9135




60 Tenn. Code Ann. § 65-4-410.
61 Delaware, 6 Del. C. § 2507A; Hawaii, HRS § 481P-3; Iowa, Iowa Code § 476.57; Minn. Stat. § 325E.27; Ohio, ORC
Ann. 4719.01-4719.99; South Carolina, S.C. Code Ann. § 16-17-445; Washington, Rev. Code Wash. (ARCW) §
19.158.020; West Virginia, W. Va. Code § 46A-6F-601.
62 See, e.g., Delaware, 6 Del. C. § 2503A; Ohio, ORC Ann. 4719.02; Washington, Rev. Code Wash. (ARCW) §
19.158.050; West Virginia, W. Va. Code § 46A-6F-301.
63 See, e.g., Iowa Code § 476.57; Md. PUBLIC UTILITIES Code Ann. § 8-204; Nebraska, R.R.S. Neb. § 86-244; S.C.
Code Ann. § 16-17-446.
64 Rev. Code Wash. (ARCW) § 19.190.060 (prohibiting the sending of commercial solicitations via text message to any
wireless number registered in the state). See also, National Conference of State Legislators, State Unsolicited
Commercial Communication Laws (April 24, 2014) available at http://www.ncsl.org/research/telecommunications-and-
information-technology/unsolicited-commercial-communication-laws.aspx.
Congressional Research Service
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