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	47 USC 227; 47 CFR 64.1200; 16 CFR 310.4(b)(5)	Yes.⁶	Yes.⁶	Yes.⁶	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	Yes.	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	Yes.	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	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.	Yes.	Yes.
North Dakota	51-28-02; 51-18-01	Yes.⁷	Yes.⁷	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.⁷
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.⁸	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.	Calls allowed but state restrictions apply and permit required.	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	18.2-425.1	Yes.	Yes.	Yes.	Yes.
Washington	80.36.400	Yes.	No.	Yes.	Yes.
West Virginia	No State Statute	Yes.	Yes.	Yes.	Yes.
Wisconsin	100.52	Yes.	No.	Yes.	Yes.
Wyoming	6-6-104; 40-12-303	Yes.	No.	Yes.	Yes.

¹ Even if these types of calls are exempt from ban, restrictions such as abandonment, caller identification, curfew, permit, disconnect, disclosure, and other requirements can apply.
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 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:
(a) presents an opportunity to assert an entity-specific Do Not Call request at the outset of the message, with only the prompt disclosures required by § 310.4(d) or (e) (please see disclosure requirements chart for specific disclosures) preceding such opportunity; and
(b) complies with all other federal requirements under the TSR.
⁷Interpretation of North Dakota Attorney General to allow calls to current customers only (no past purchases).
⁸In Oklahoma, written consent is required.
⁹Please see “prize” chart for specific representations included in this restriction.

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