DNC - Solicitations by Nonprofit Groups

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Prepared by Copilevitz & Canter, LLC - (816) 472-9000 | This chart is not to be used as a substitute for legal counsel.

Solicitations by Nonprofit Groups
Applicability of Federal and State "Do-Not-Call" List Laws to Calls By or On Behalf of Nonprofit Organizations. Does the campaign have to buy and implement the federal and state lists? ^{1 2}
Jurisdiction	Calls which include a solicitation for a Donation		Calls for the Sale of Goods or Services		Citation
	By Charity Employee or Volunteer	By PFR	By Charity Employee or Volunteer	By PFR
Federal (TSR)	No.	No.	No.	Yes.	16 C.F.R. � 310.6
Federal (TCPA)	No.	No.	No.	No.	47 C.F.R. � 64.1200 (f)(9)(ii)
Alabama**	No.	No.	No.	No.	� 8-19A-4; Regs. T-31
Alaska **	Yes.³	Yes.	Yes.	Yes.	� 45.50.475
Arkansas**	Yes.⁴	Yes.	Yes.⁴	Yes.	� 4-99-406
California**	No.	No.	No.	Yes.	Bus. & Prof. � 17592
Colorado	No.	No.	No.	No.	� 6-1-901
Connecticut	No.	No.	No.	No.	� 42-288a
Florida	No.	No.	Yes.	Yes.	� 501.059
Georgia**	No.	No.	No.	No.	� 46-5-27
Idaho **	No.	No.	Yes.	Yes.	� 48-1001
Illinois^5,6**	No.	No.	No.	No.	815 ILCS � 402/5(e)(4)
Indiana⁷	No.⁸	Yes.	No.⁸	Yes.	� 24-4.7-1
Kansas**	No.	No.	Yes.	Yes.	�50-670
Kentucky	No.	No.	Yes.	Yes.	� 367.46951
Louisiana	No.⁹	Yes.	No.⁹	Yes.	�45:844.12(4)
Maine **	No.	No.	Yes.	Yes.	32 � 14716
Massachusetts	No.	No.	No.	Yes.	ch. 159C � 1
Michigan**	No.	No.	No.	No.	� 445.111e
Minnesota	No.	No.	No.	No.	.� 325E.311(6)(3)
MIssissippi	No.	No.	No.	Yes.	� 77-3-771(f)
Missouri¹⁰	No.	No.	No.	Yes.	� 407.1095
Montana¹¹**	No.	No.	No.	Yes.	30-14-1601(4)(c)
Nevada¹²**	No.	Yes.	No.	Yes.	� 228,530(1)
New Hampshire**	No.	No.	No.	No.	� 359-E:7(XI)(c)
New Jersey	No.	No.	Yes.	Yes.	56:8-120
New Mexico**	No.	No.	Yes.	Yes.	� 57-12A-2
New York**	No.	No.	No.¹³	No.¹³	26 Bus. � 399-z(3); �4602.6(d) -Reg.
North Carolina**	No.	No.	No.	No.	75-103
North Dakota**	No.¹⁴	Yes.	No.¹⁴	Yes.	� 51-28-01(8)
Oklahoma	No.	No.	No.	No.	15 Okl. St. � 775B.2(1)
Oregon**	Yes.¹⁵	Yes.¹⁶	Yes.¹⁵	Yes.¹⁶	� 646.567
Pennsylvania	No.	No.	No.	No.	73 P.S. � 2242
South Dakota**	No.¹⁷	No.¹⁷	Yes.	Yes.	� 49-31-1 (31)
Tennessee	No.	Yes.	No.	Yes.	� 65-4-401
Texas	No.	No.	Yes.	Yes.	Tex. Bus. & Com. Code � 304.002(9)
Utah**	No.	No.	No.	No.	� 13-25a-111(3).
Vermont **	No.	No.	No.	No.	9 V.S.A.� 2464a(a)(6)(B)(ii)
Wisconsin	No.	No.	No.	No.	� 100.52(1)(j)
Wyoming**	No.	No.	Yes.	Yes.	� 40-12-302(b)

*Please note that both the FTC and the FCC enforce the Federal DO-NOT-CALL List.
**These states have adopted the applicable numbers on the Federal DO-NOT-CALL List as their own lists. Therefore, there is not a separate list from the Federal DO-NOT-CALL list which requires purchase.
¹ 1 This chart concerns residential campaigns, only. Business-to-business campaigns which are not directed to home-based businesses are exempt in all states.
² This chart does not concern calls to members or consumers who have made a previous donation to the organization. This chart is for calls to potential new donors, only. Please see the "DO-NOT-CALL lists by State (Ordering Information)" Chart for the details regarding previous contact exemptions.
³ The Alaska DO-NOT-CALL law exempts calls made calls made by a non-profit organization or volunteers on behalf of the organization to a member of the organization or to a person who, within the last 18 months, has made a donation to the organization or expressed an interest in making a donation (but only if the organization has not receive a do-not-call request from the member or person).
⁴ The Arkansas DO-NOT-CALL law only contains an exemption for a person calling on behalf of a non-profit organization who receives no compensation as a result of his or her solicitation activities on behalf of the charitable organization.
⁵ The Illinois DO-NOT-CALL law requires disclosure of the caller’s true first and last name and the name, address, and telephone number of the organization in order for the exemption to apply.
⁶ The Illinois DO-NOT-CALL law only contains an exemption for calls made by or on behalf of an organization which has nonprofit status under Section 501(c)(3) of the Internal Revenue Code.
⁷ The Indiana DO-NOT-CALL law does not contain an exemption for calls to established customers or donors. It only contains an exemption for calls to consumers concerning an existing debt or contract for which payment or performance has not completed.
⁸ The Indiana DO-NOT-CALL law requires disclosure of the caller's true first and last name and the name, address, and telephone number of the charitable organization in order for the exemption to apply.
⁹ The Louisiana DO-NOT-CALL law only contains an exemption for calls made by volunteers or employees of an organization which has nonprofit status under Section 501(c)(3) or (6) of the Internal Revenue Code.
¹⁰ The Missouri DO-NOT-CALL law only contains an exemption for calls by or on behalf of an organization which has nonprofit status under Section 501(c)(3) of the Internal Revenue Code.
¹¹ The Montana DO-NOT-CALL law only contains an exemption for calls by or on behalf of an organization which has nonprofit status under Section 501(c)(1) through (c)(6) of the Internal Revenue Code.
¹² The Nevada DO-NOT-CALL law only contains an exemption for calls by or on behalf of an organization which has nonprofit status under Section 501(c)(3) of the Internal Revenue Code, political organizations, and religious organizations. For this exemption to apply, the calls must be made by a volunteer or an employee of the organization who is directly paid by the organization. N.M. Stat. � 228.530(2).
¹³ For this exemption to apply, the New York DO-NOT-CALL law requires a charitable organization to be registered pursuant to N.Y. Exec. Law � 172.
¹⁴ The North Dakota DO-NOT-CALL law requires disclosure of the caller’s true first and last name and the name, address, and telephone number of the organization in order for the exemption to apply. The organization must be exempt under Section 501 of the Internal Revenue Code for this exemption to apply.
¹⁵ The Oregon DO-NOT-CALL law contains an exemption for calls made by a charitable organization, a public agency or volunteers on behalf of the organization or agency to members of the organization or agency or to persons who have donated or expressed an interest in donating real estate, goods or services to the organization or agency. Oreg Stat. § 646.567(5)(b).
¹⁶ Pursuant to correspondence from Elizabeth Grant from the Oregon Attorney General's office on February 4, 2010, the exemption in FN 15 above applies to professional fundraisers calling on behalf of a non-profit organization if calling prior donors of that specific non-profit organization.
¹⁷ The South Dakota DO-NOT-CALL law only contains an exemption for calls by or on behalf of an organization which has nonprofit status under Section 501(c)(3) of the Internal Revenue Code.

Publish Date: February 18, 2010