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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 (NPO & Charitable Donations)
Are NPO Calls and Calls to Solicit Charitable Donations Exempt from Federal and State Bans1 2?
NPO Calls: Are calls to solicit charitable donations or political calls exempt from federal and state ban?

Jurisdiction

Statutory Citation

Calls by or on behalf of non-profit organizations for the sale of goods or services exempt?

Calls by or on behalf of non-profit organizations to solicit charitable donations exempt?

Calls by or on behalf of non profit organization or candidates for political purposes only exempt?

Federal TCPA*3

47 USC 227; 47 CFR 64.1200)

Yes

Yes

Yes

Federal TSR

(16 CFR §310.4(b)(1)(v))

Yes, calls by a non-profit organization are exempt.

Yes, calls by a non-profit organization are exempt.

Yes

No, calls on behalf of a non-profit organization are not exempt.

No, calls on behalf of a non-profit organization are not exempt.

Alabama

Ala. Pub. Serv. Comm. Rule T17

Yes

Yes

Yes

Alaska

45.50.475

No

No

Yes

Arizona

13-2919; 14-1278

No

Yes

Yes

Arkansas

5-63-204

No

Yes

No

California

(Pub. Util. 2872(d)(2))

No

No

No

Colorado

18-9-311

No

Yes

Yes

Connecticut

52-570c

No

Yes

Yes

D.C.

34-1701

No

Yes

Yes

Delaware

No State Statute

N/A

N/A

N/A

Florida

501.059

No

Yes

Yes

Georgia

46-5-23

No

Yes

Yes

Hawaii

No State Statute

N/A

N/A

N/A

Idaho

IDAPA 31.51.02

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Illinois

815 ILCS 305/20

Yes

Yes

Yes

Indiana

24-5-14-5

No

No

No

Iowa

476.57

No

Yes

Yes

Kansas

No State Statute

N/A

N/A

N/A

Kentucky

367.461

No

Yes

Yes, as long as no poll is conducted.

Louisiana

45:811; Pub. Serv. Com'n Gen. Order R-27021 ll.H.3

No

Yes

Yes

Maine

10 MRS 1498

Yes

Yes

Yes

Maryland

Pub. Util. Co. Code 8-204

No

Yes, as long as no gift or prize is offered.

Yes, as long as no poll is conducted.

Massachusetts

Mass. Ann. Law Ch. 159C, § 3;159, § 19B

Yes

Yes

Yes

Michigan

445.111; 484.125

No

Yes

Yes

Minnesota

325E.26, 4

No

No

No

Mississippi

77-3-451

No

No

No

Missouri

407.1085

No

Yes

Yes

Montana

45-8-216

No

Yes

No

Nebraska

86-242

Calls allowed but registration with no fee required.

Calls allowed but registration with no fee required.

Calls allowed but registration with no fee required.

Nevada

597.812

No

Yes

Yes

New Hampshire

359-E:2

Calls allowed but permit required.

Calls allowed but permit required.

Calls allowed but permit required.

New Jersey4

48:17-28;56:8-55

No

No

No

New Mexico

57-12-22

No

Yes

Yes

New York

399-p

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

North Carolina

75-104

No5

No

Yes

North Dakota

51-28-02; 51-18-01

No

No

No

Ohio

No State Statute

N/A

N/A

N/A

Oklahoma

15 Okl. Sta. 755.1(C); 21 Okl. Stat. 1847a(A)

No

Yes

Yes

Oregon

(Oreg. Stat § 646A.372)

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.

Calls allowed but state restrictions apply.

Rhode Island 6

5-61-3.4

No

Yes

Yes

South Carolina

16-17-445

No

Yes

No

South Dakota

37-30-24

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.

Tennessee

47-18-1502

No

Yes

Yes, as long as no poll is conducted.

Texas

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.

Utah

13-25a-103

No 7

Yes

Yes

Vermont

No State Statute

N/A

N/A

N/A

Virginia

59.1-518.2

No

Yes

Yes

Washington

80.36.400

No

Yes

Yes

West Virginia

No State Statute

N/A

N/A

N/A

Wisconsin

100.52

Yes

Yes

Yes

Wyoming

6-6-104; 40-12-303

No

Yes

No


Footnotes:
1 Even if these types of calls are exempt from ban, certain behavioral restrictions such as curfew, permit, disconnect and disclosure requirements can apply.
2 This chart refers to calls to persons who do not have an established business relationship (EBR) with the caller.
3 See FCC Order No. 02-278 (July 3, 2003).
4 The New Jersey provision applies only to calls made “within the State” (i.e. intrastate calls). N.J. Stat. § 48:17-28.
5 In North Carolina, calls by non-profit organizations are only allowed if no part of the call is a telephone solicitation, which includes calls for the sale of goods or services, soliciting a contest, sweepstakes, raffle, or lottery, or obtaining a charitable donation.
6 Restrictions only apply if “prize” representation is made. Please see “prize” chart for specific representations included in this restriction.
7Certain charitable solicitations are exempt depending on the charitable purpose of the call. Utah Code 13-22-2.

Publish Date: August 9, 2010

 

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