DNCSolution - Do Not Call Compliance

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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.

Delivery of Recording Laws (EBR) Are Established Business Relationship Calls Exempt from Federal and State Bans¹
Jurisdiction	Statutory Citation	Are Calls to Existing Customers regarding Previously Purchased Goods or Services Exempt from Ban?²	Are Calls to Existing Customers for the Sale of Additional Goods or Services (i.e. upsells) Exempt from Ban?³	Are Informational Calls to Existing Customers Exempt from Ban⁴?	Are Calls Made with Express Consent Exempt from Ban?⁵
Federal-TSR	(16 CFR 310.4(b)(1)(v))	No.	No.	Yes.	Yes.⁶ ⁷
Federal-TCPA	(47 USC 227; 47 CFR 64.1200)	Yes.	Yes.	Yes.	Yes.
Alabama	No State Statute	Yes.	Yes.	Yes.	Yes
Alaska	45.50.475	Yes.	Yes.	Yes.	Yes
Arizona	(13-2919; 44-1278)	No.	No.	Yes.	No.
Arkansas	5-63-204	No.	No.	Yes.	Yes.
California	Civ. Code 1770(a)(22); Pub. Util. 2872(f)	Yes.	Yes.	Yes.	Yes
Colorado	18-9-311	No.	No.	Yes.	Yes.
Connecticut	52-570c	Yes.	Yes.	Yes.	Yes.
Delaware	No State Statute	Yes.	Yes.	Yes.	Yes.
D.C.	34-1701	Yes.	No.	Yes.	Yes, if calls regard goods or services previously purchased.
Florida	501.059	No.	No.	Yes.	No.
Georgia	46-5-23	No.	No.	Yes.	Yes.
Hawaii	No State Statute	Yes.	Yes.	Yes.	Yes.
Idaho	IDAPA 31.51.02	Calls allowed but state restrictions apply.	Calls allowed but state restrictions apply.	Calls allowed but state restrictions apply.	Yes.
Illinois	815 ILCS 305/20	Yes.	Yes.	Yes.	Yes.
Indiana	24-5-14-5	Yes.	Yes.	Yes.	Yes.
Iowa	476.57	Calls allowed but state restrictions apply.	Calls allowed but state restrictions apply.	Calls allowed but state restrictions apply.	Yes.
Kansas	No State Statute	Yes.	Yes.	Yes.	Yes.
Kentucky	367.461	Yes.	No.	Yes.	Yes.
Louisiana	LA Pub. Serv. Comm. Gen Order R-27021 II.H.3., La. R.S. 45:816	Yes.	Yes.	Yes.	Yes.
Maine	10 MRS 1498	Yes.	Calls allowed but state restrictions apply.	Yes.	Yes.
Maryland	Public Util. Co. Code 8-204	Yes.	Yes.	Yes.	Yes.
Massachusetts	(Mass. Ann. Law Chapt. 159C, § 3; 159, § 19B)	Yes.	Yes.	Yes.	Yes.
Michigan	445.111; 484.125	Yes.	No.	Yes.	Yes.
Minnesota	325E.26, 4	Yes.	Yes.	Yes.	Yes.
Mississippi	77-3-453; 77-3-723	Yes.	Yes.	Yes.	Yes.
Missouri	407.1085	Yes.	Yes.	Yes.	Yes.
Montana	45-8-216	Yes.	Yes.	Yes.	Yes
Nebraska	86-242	Yes.	Yes.	Yes.	Yes.
Nevada	597.814	Yes.	Yes.	Yes.	Yes.
New Hampshire	RSA 359-E:1	Yes.	Yes.	Yes.	Yes
New Jersey	48:17-28	Yes.	Yes.	Yes.	Yes.
New Mexico	57-12-22	Yes.	No.	Yes..	Yes.
New York	NY Gen. Bus. Law § 399-p	Calls allowed but state restrictions apply.	Calls allowed but state restrictions apply.	Calls allowed but state restrictions apply.	Yes.
North Carolina	75-104	No.	No.	No⁸.	Yes.
North Dakota	51-28-02; 51-18-01	Yes.⁹	Yes.⁹	Yes.	Yes.
Ohio	No State Statute	Yes.	Yes.	Yes.	Yes.
Oklahoma	15 Okl. Sta. 755.1(C)(3)(b); 21 Okl. Stat. 1847a(3)(b)	Yes.	No.	Yes.	Yes.¹⁰
Oregon	Oregon (646A.372)	Calls allowed but state restrictions apply.	Calls allowed but state restrictions apply.	Calls allowed but state restrictions apply.	Calls allowed but state restrictions apply.
Pennsylvania	52 Pa Code 63.60	Calls allowed but state restrictions apply.	Calls allowed but state restrictions apply.	Yes	Yes
Rhode Island	5-61-3.4	Restrictions only apply if "prize" representation is made.¹¹	Restrictions only apply if "prize" representation is made.	Yes.	Yes.
South Carolina	16-17-446	Yes.	Yes.	Yes.	Yes.
South Dakota	SD Stat. § 37-30-24	Yes.	Yes.	Yes.	Yes.
Tennessee	47-18-1507	Yes.	No.	Yes.	Yes.
Texas	Tex. Util. Code § 55.121	Calls allowed but state restrictions apply and permit required.	Calls allowed but state restrictions apply and permit required.	Yes.	Calls allowed but state restrictions apply and permit required.
Utah	13-25a-102	Yes.	Yes.	Yes.	Yes.
Vermont	No State Statute	Yes.	Yes.	Yes.	Yes.
Virginia	59.1-518.2	Yes.	Yes.	Yes.	Yes.
Washington	80.36.400	No.	No.	Yes.	Yes.
West Virginia	No State Statute	Yes.	Yes.	Yes.	Yes.
Wisconsin	(100.52; ATCP 127.83(2)(b))	No.	No.	Yes.	Yes.
Wyoming	6-6-104; 40-12-303	Yes.	No.	Yes.	Yes.

Footnotes:
¹ Even if these types of calls are exempt from ban, restrictions such as abandonment, caller identification, curfew, permit, disconnect, disclosure, calls to cell phones and other requirements can apply. A caller must comply with the most restrictive law applicable to a certain calling campaign, whether that law is at the federal or state level.
² Calls to existing customers regarding previously purchased goods or services do not include calls for the sale of additional goods or services (e.g. upsells or cross-sells).
³ See federal and state statutes for specific definitions of "established business relationship".
⁴ Informational calls include calls that provide information to a consumer regarding an existing debt or contract.
⁵If an exemption for established business relationship calls exists, it is not necessary to review express consent exemption as express consent is included in the definition of established business relationship. This exemption is only relevant if established business relationship calls are not allowed.
⁶A seller or telemarketer must, for each such telemarketing call placed, allow the telephone to ring for at least fifteen (15) seconds or four (4) rings before disconnecting an unanswered call; and within two (2) seconds after the person's completed greeting, promptly play a prerecorded message that:
(1) (for calls answered by live persons) allows the person called to use an automated interactive voice and/or keypress-activated opt-out mechanism to assert a DNC request at any time during the message; the mechanism must automatically add the number called to the seller's entity-specific DNC list, immediately disconnect the call once invoked, and be available for use at any time during the message; (2) (for calls answered by an answering machine) provides a toll-free telephone number so that the person called can assert a DNC request; the number must connect directly to an automated interactive voice or keypress-activiated opt out mechanism that automatically adds the number called to the seller's entity-specific DNC list, immediately disconnects the call, and is accessible at any time throughout the duration of the telemarketing campaign. See 16 CFR 310.4(b)(1)(V)(B).
⁷Prerecorded messages for the sale of goods or services are only allowed with the express written consent of the person called. Written consent must: a) include a clear and conspicuous disclosure that the purpose of the agreement is to authorize the seller to place prerecorded calls to such person; b) be obtained without requiring, directly or indirectly, that the agreement is a condition of purchasing any good or service; c) evidence the willingness of the recipient of the call to receive prerecorded messages by or on behalf of the specific seller; and d) include such person's telephone number and signature (an electronic or digital signature which is recognized as a valid signature under federal law or state contract law will meet this requirement).
⁸ Calls are generally banned pursuant to N.C. Stat. � 75-104(a), except as set forth in N.C. Stat. � 75-104(b)(1), (3).
⁹ Interpretation of North Dakota Attorney General to allow calls to current customers only (no past purchases).
¹⁰ In Oklahoma, written consent is required.
¹¹ Please see “prize” chart for specific representations included in this restriction.

Publish Date: November 5, 2009