Home | Site Map | Contact Regulatory Info Take a Tour Features Subscription Info Resources FAQs Company Events
   
Regulatory News
Regulatory Charts
 

 

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. Yes. Yes. Yes. § 45.50.475
Arkansas** Yes.3 Yes. Yes.3 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
Illinois4,5** No. No. No. No. 815 ILCS § 402/5(e)(4)
Indiana6,7 No.7 Yes. No.7 Yes. § 24-4.7-1
Kansas** No. No. Yes. Yes. §50-670
Kentucky No. No. Yes. Yes. § 367.46951
Louisiana No.8 Yes. No.8 Yes. § 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)
Missouri9 No. No. No. Yes. § 407.1095
Montana10** No. No. No. Yes. 30-14-1601(4)(c)
Nevada11** 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.12 No.12 26 Bus. § 399-z(3); §4602.6(d) -Reg.
North Carolina** No. No. No. No. 75-103
North Dakota** No.13 Yes. No.13 Yes. § 51-28-01(7)
Oklahoma No. No. No. No. 15 Okl. St. § 775B.2(1)
Oregon** Yes. Yes. Yes. Yes. § 646.567
Pennsylvania No. No. No. No. 73 P.S. § 2242
South Dakota** No.14 No.14 Yes. Yes. § 49-31-1 (31)
Tennessee No. Yes. No. Yes. § 65-4-401
Texas No. No. Yes. Yes. Tex. Bus. & Com. Code § 43.003
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 This chart concerns residential campaigns, only. Business-to-business campaigns 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, however, see note 3 below. This chart is for calls to potential new donors, only. Please see the DO-NOT-CALL List availability chart for the details previous contact exemptions.
3 The Arkansas DO-NOT-CALL list 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.
4 The Illinois DO-NOT-CALL list 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.
5 The Illinois DO-NOT-CALL list only contains an exemption for calls made by volunteers or employees of an organization which has nonprofit status under Section 501(c)(3) of the Internal Revenue Code.
6 The Indiana DO-NOT-CALL list 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.
7 The Indiana DO-NOT-CALL list 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.
8 The Louisiana DO-NOT-CALL list 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.
9 The Missouri DO-NOT-CALL list 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.
10 The Montana DO-NOT-CALL list 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.
11 The Nevada DO-NOT-CALL list 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.
12 For this exemption to apply, the New York DO-NOT-CALL list requires a charitable organization to be registered pursuant to N.Y. Exec. Law § 172.
13 The North Dakota DO-NOT-CALL list 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.
14 The South Dakota DO-NOT-CALL list 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.

20080324 20080610

 

Privacy Policy | ©2008 possibleNOW, Inc. All rights reserved.