Posted by Ben Stark on Mon, 10/23/2023 - 11:34
Calls to these States on restricted Do Not Call (DNC) dates could result in a potential State violation:
State Restricted Do Not Call Dates
November 1, 2023 – All Saints Day
November 10, 2023 – Veterans Day (observed)
- Alabama, Louisiana, Utah
November 11, 2023 – Veterans Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
November 13, 2023 – Veterans Day (observed)
- Rhode Island
November 23, 2023 – Thanksgiving Day
- Alabama**, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
November 24, 2023 – Acadian Day
Canadian Restricted Do Not Call Dates
November 11, 2023 – Remembrance Day
November 13, 2023 – Remembrance Day (observed)
* Statutory, not enforced
** Upon designation by the governor
*** As proclaimed by the Louisiana governor
State Restricted Do Not Call (DNC) Calling Rules & Exemptions
Alabama’s telephone service rules only apply to telephone utilities, including local exchange companies, resellers (local and toll), interexchange carriers, customer-owned, coin-operated telephone service providers, and all providers of telecommunications service operating within the State of Alabama under the jurisdiction of the Alabama Public Service Commission.
Louisiana exempts calls where prior consent was obtained and business to business calls.
A reading of the regulations indicates no prior consent exemptions exist whereas the law indicates exceptions do exist.
La. Pub. Serv. Comm’n. Gen. Order R-29617 § (V)(A)(2) prohibits calls placed on Sunday or Legal Holidays and prohibits calls placed between the hours of 8:00 P.M. and 8:00 A.M. Monday through Saturday. See also LSA-R.S. 45:811.
La. Pub. Serv. Comm’n. Gen. Order R-29617 § (V)(A)(1) states that the above prohibition applies whether or not the telephonic solicitor is granted an exception pursuant to subsections 1 through 8 of Section II (I) (which lists 8 exceptions including calls made with prior consent or to consumers with whom the solicitor has an EBR).
LSA-R.S. 45:816 does not have similar language indicating that no exception applies to the prohibition. This law is different from the LA DNC law.
Even though the LA PSC is granted broad administrative powers under the DNC law, there is an argument that i) the PSC’s regulations do not override the statute and ii) that the DNC law granted PSC the power to make DNC regulations only and not about solicitation calls in general.
Both the regulation and law exempts B2B calls.
Mississippi exempts any telemarketer who has an established business relationship (existing or within the last six months) with the person being called.
Pennsylvania exempts calls made in response to an express request of the consumer, in reference to an existing debt or those with whom the telemarketer has an existing business relationship within the previous 12 months.
Rhode Island statute only prohibits “unsolicited telephonic sales calls” on legal holidays.
Utah exempts calls made with prior express consent.
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