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State Do Not Call Lists

Do I need to make special considerations for declared states of emergency?

Yes, some state telemarketing laws prohibit you from making calls during a state of emergency. However, it is less clear when it comes to texting. Other than the 13 states that treat text messages separately, it is not clear whether a regulator would say texting is a call. A lot of state-level statutes about states of emergency are worded in such a way that calls are explicitly prohibited while texts are not. But as a practical matter, it is best not to call or text during states of emergency.

What are the DNC provisions of the TSR?

The Do Not Call (DNC) provisions of the Telemarketing Sales Rule (TSR) are as follows:

Internal Do Not Call List Requirements
The internal DNC list refers to the Entity-Specific Do Not Call Provision. This provision mandates that telemarketers keep and maintain their own do not call list, specific to their organization. When a consumer asks to be put on your do not call list, you should honor that request immediately.

Do I need to register as a telemarketer in all 50 states?

You only need to register as a telemarketer in the states where you make calls, provided that those states require registration. 32 states and the District of Columbia currently require registration. 

Those states are as follows: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Idaho, Indiana, Kentucky, Louisiana, Maine, Mississippi, Montana, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.

I only take inbound calls but occasionally may call outbound for follow-up, or I only call Internet leads. Do I need to adhere to the Do Not Call list rules?

The National Do Not Call (DNC) Registry and most state registries allow you to make calls in response to consumer inquiries. The general Federal Trade Commission (FTC)/Federal Communications Commission (FCC) rule is that you have 3 months from the established relationship in which to make such calls.