DNC Exemptions
List of Exemptions to the State and Federal Do Not Call Laws

State

Exemptions

1. In response to an express request by consumer;

2. By nonprofit organizations to members or previous donors (in past 18 months);*
3. To express ideas, opinions, or votes;
4. Business-to-business;
5. To any person with whom the seller has a prior or existing business relationship (in past 18 months).

1. In regard to a past or present employment agreement with the consumer.
2. In response to a referral from a natural person with whom the consumer has a personal relationship.
3. In response to an express request or permission of a consumer whose telephone number is on the national registry.
4. Federal exemptions also apply.

1. To consumer with prior express invitation or permission;
2. To any person with whom the seller has a prior or existing business relationship (in past 36 months);
3. In connection with an existing debt or contract;
4. By a resident licensed real estate broker;
5. By a resident licensed motor vehicle dealer;
6. By a licensed insurance broker;
7. By a licensed security commodity, investment broker, adviser, or dealer;
8. By nonprofit organizations;*
9. On behalf of a newspaper for the sale of subscriptions or ads;
10. On behalf of supervised financial institutions (note: list applies to credit card offers);
11. On behalf of licensed funeral establishments;
12. Business-to-business.

1. Pursuant to the express agreement in writing of the subscriber to place calls
2. Pursuant to the express request of the subscriber (but not calls made 30 business days after the last date on which the subscriber contacted a business with an inquiry about a potential purchase; calls made 30 business days after the last date the subscriber consented to being contacted; calls made after a request not to be called; or calls made 30 business days after a product or service becomes available);
3. In connection with the collection of a debt or the offer by a creditor of an extension of credit;
4. When there is an established business relationship within the 18 months immediately preceding the date of the call;
5. By an individual businessperson or a small business employing no more than five full or part-time employees or independent contractors;
6. Solely to verify that a subscriber has terminated an established business relationship;
7. By tax-exempt charitable organizations;*
8. For the purpose of soliciting a donation without the purchase of goods or services;
9. Business-to-business.

1. To any residential subscriber with the subscriber's prior express invitation or permission;
2. By or on behalf of any person or entity with whom a residential subscriber has an established business relationship in preceding 18 months;
3. For thirty days after a residential subscriber has contacted a business to inquire about the potential purchase of goods or services or until the subscriber requests that no further calls be made, whichever occurs first;
4. By or on behalf of a charitable organization that is required to and that has complied with the notice and reporting requirements of Colorado law or is excluded from such;*
5. For the sole purpose of urging support for or opposition to a political candidate or ballot issue;
6. For the sole purpose of conducting political polls or soliciting the expression of opinions, ideas, or votes;
7. Business-to-business.

1. In response to an express request by consumer;
2. To a consumer with prior express invitation or permission;
3. In connection with an existing debt or contract;
4. To an existing customer;
5. By nonprofit organizations:*
6. To a consumer in response to a visit made by consumer to business establishment at a fixed location
7. Business-to-business;
8. From business that first began to do business in state on or after January 1, 2002, that operated in state less than 1 year;
9. By telephone companies compiling their own directories.

1. In response to an express request by consumer;
2. In connection with an existing debt or contract;
3. To any person with whom the seller has a prior or existing business or personal relationship;
4. On behalf of a newspaper;
5. By nonprofit organizations;*
6. Business-to-business.

1. To a consumer with prior express invitation or permission;
2. To any person with whom the seller has a prior or existing business or personal relationship;
3. By nonprofit organizations;*
4. Business-to-business.

1. Business-to-business
2. To any person with whom the seller has a prior or existing business relationship (prior consent from subscriber for a telephone company);
3. By a person less than 18 years of age seeking to sell goods or services for a charitable purpose.

1. To any residential subscriber with that subscriber's prior express invitation or permission, but not if;
   A) the call is made 30 business days after the last date on which the subscriber contacted a business;
   B) the call is made 30 business days after the last date on which the subscriber consented to be contacted; or
   C) the call is made 30 business days after a product or service becomes available where the subscriber has made a request to be called when that product or service becomes available;
2. By or on behalf of any person or entity with whom a residential subscriber has an established business relationship which has not been terminated in writing;
3. By or on behalf of any person or entity with whom a residential subscriber is an existing customer, who has entered into a transaction, agreement, or contract within the last 18 months or has opened or maintained a debit account, credit card account, or other program, unless the customer has stated that he or she does not wish to receive calls;
4. By or on behalf of a nonprofit organization if the caller discloses:
   A) the caller's true first and last name; and
   B) the name, address, and telephone number of the organization;*
5. By or on behalf of a licensed real estate agent or insurance producer who:
   A) is setting or attempting to set a face to face appointment for actions relating to that individuals real estate or insurance business; or
   B) is encouraging or attempting to encourage the purchase or rental of, or investment in, property, goods, or services which cannot be completed until after an agreement is signed by the subscriber
6. Until July 1, 2005, by or on behalf of any entity over which the FCC or Illinois Commerce Commission has regulatory authority to the extent that a license, permit or certificate is required to engage in telephone solicitation.
7. Business-to-business.

1. In response to an express request of the person called;
2. In connection with an existing debt or contract which has not been completed at the time of the call;
3. To any person with whom the caller has an established business relationship, unless the consumer has objected to such calls and requested that the caller cease making calls.
4. Business-to-business.

1. In response to an express request by consumer;
2. To debtors or parties to a contract in connection with the payment of an existing debt or contract;
3. To any person with whom the seller has a prior or existing business relationship;
4. By a merchant or telemarketer located in Kentucky to a location outside of the State;
5. Business-to-business;
6. By charitable organizations soliciting only donations.*

1. In response to an express request by consumer;
2. In connection with an existing debt or contract;
3. To any person with whom the seller has an existing business relationship; or a prior business relationship was terminated or lapsed within 6 months;
4. By nonprofit organizations;*
5. To conduct marketing research, public opinion polling, or similar activities that do not involve telephonic solicitation or selling or obtaining information that will or may be used for telephonic solicitation;
6. Constituting political activity, i.e. for the sole purpose of urging support for or opposition to a political candidate or ballot issue or calls made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas, or votes.
7. By a person or business that conducts automobile sales and does not complete the sales presentation during the call and is made in contemplation of the sales presentation being completed at a later face-to-face meeting between the caller and person contacted and where the contacted person has previously made purchases from the automobile dealership.
8. When sale is not completed until a later face-to-face meeting at the seller's place of business; call must be a referral or to someone personally known by the seller; must provide person who gave the referral.
9. For the purpose of follow-up or periodic wellness care when the call is made to the client or patient by the client or patient’s optometrist, dentist, chiropractic physician or veterinarian or an agent thereof.
10. Business-to-business.

1. In response to an express request by consumer;
2. In connection with the payment of an existing debt or contract;
3. For a solicitation other than a commercial solicitation, but only if:
       a) The call is made by a volunteer or an employee of the soliciting organization;
       b) and The telephone solicitor who makes the call immediately discloses the solicitor’s true first and last name and the name, address, and telephone number of the soliciting organization.
4. To any person with whom the telephone solicitor has an established business relationship.
5. Business-to-business;

1. In response to an express written or verbal request;
2. Primarily in connection with an existing debt or contract;
3. To an existing customer unless such customer has stated that he no longer wishes to receive calls from the caller;
4. In which the sale of goods and services is not completed until a later face-to-face meeting;
5. By a nonprofit organization;*
6. By an individual or organization for a noncommercial purpose;
7. To a consumer in response to a visit made by such consumer to an establishment selling, leasing, or exchanging consumer goods or services to a fixed location;
8. Business-to-business.

1. To a residential subscriber with that subscriber's express invitation or permission prior to the call.
2. To an existing customer, unless the existing customer has requested not to receive calls.
3. In which the sale of goods is not completed until a face-to-face meeting.
4. Business-to-business.
5. By persons subject to the Charitable Organizations and Solicitations Act.
6. Persons subject to the Public Safety Solicitation Act.
7. By political organizations subject to § 527 of the Internal Revenue Code.

1. To any residential subscriber with that subscriber's prior express invitation or permission;
2. By or on behalf of any person or entity with whom a residential subscriber has a prior or current business or personal relationship;
3. By or on behalf of a nonprofit organization as identified under state or federal law, unless the organization is a debt management services provider; *
4. By a person soliciting without the intent to complete, and who does not in fact complete in fact complete, the sales presentation during the call, but will at a later face-to-face meeting;
5. By a political party;
6. Business-to-business.

1. In which the major sales presentation is not made during the call;
2. Without the intent to complete a sale during the call;
3. Without the intent to complete the sales presentation until a later face-to-face meeting;
4. By licensed real estate brokers who are residents of the State;
5. By licensed motor vehicle dealers who are residents of the State;
6. By insurance agents;
7. By registered broker-dealers, agents, and investment advisers;
8. On behalf of non-profit organizations for the sole purpose of soliciting for the charitable organization and by a person who receives no compensation for his activities on behalf of the organization;
9. By newspapers solely for the purpose of soliciting a subscription or the purchase of advertising;
10. On behalf of any supervised financial institution, provided that the institution has a physical office in the state and is subject to supervision by a state or federal agency or official;
11. On behalf of a licensed funeral establishment;
12. To a consumer when there is an established business relationship;
13. Business-to-business.

1. To any residential subscriber with that subscriber's prior express invitation or permission;
2. By or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past 180 days or a current business or personal relationship;
3. By or on behalf of a non-profit organization;*
4. By or on behalf of any entity over which a federal agency has regulatory authority to the extent that:
   a) Subject to such authority, the entity is required to maintain a license, permit or certificate to sell or provide themerchandise being offered through telemarketing; and
   b) The entity is required by law or rule to develop and maintain a no-call list;
5. By a natural person responding to a referral, or working from his or her primary residence, or a person licensed by the state to carry out a trade, occupation or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation or profession within the state or counties contiguous to the state;
6. Business-to-business.

1. To any residential subscriber with that subscriber's prior express invitation or permission;
2. By or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past 180 days or has a current business or personal relationship;
3. By or on behalf of a non-profit organization, while the organization is engaged in fundraising to support the charitable purpose for which the organization was established and provided that a bona fide member of the exempt organization makes the call;
4. By or on behalf of any entity over which a federal agency has regulatory authority to the extent that:
   a) Subject to that authority, the entity is required to maintain a license, permit or certificate to sell or provide the merchandise being offered through telemarketing and
   b) the entity is required by law or rule to develop and maintain a no-call list;
5. By a natural person responding to a referral or working from the person's primary residence;
6. By a person licensed by the state to carry out a trade, occupation, or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation, or profession within the state;
7. Business-to-business.

1. On behalf of a charitable organization, religious organization, or political organization, if made by an employee of the organization who is paid directly by the organization or a volunteer;
2. In response to an express request or express permission;
3. To a person with whom the caller has an established business relationship, if the call is made solely to verify the termination of the business relationship;
4. In connection with a delinquent obligation for which payment or performance is due but has not been made if the call is made to collect the payment or obtain the performance or extend credit to allow the person to make the payment;
5. If there is a preexisting business relationship, an internal do-not-call list is used, and annual notices are sent to customer.

1. In response to an express written or verbal request of the customer called;
2. In connection with an established business relationship;
3. On behalf of a nonprofit charity;
4. On behalf of a newspaper to build its own circulation, provided that the telemarketer making the call has used and observed with respect to such call the do-not-call list maintained by the TPS of the DMA.
5. On behalf of a political campaign, except for calls made using automatic dialing equipment.
6. Business to business calls.

1. In response to an express written request of the person called;
2. To an existing customer which shall include the ability to collect on accounts and follow up on contractual obligations, unless the customer has stated to the telemarketer that the customer no longer desires to receive the calls of the telemarketer;
3. To an existing customer to whom a seller's sole obligation is the extension of credit which are made within 18 months of the date of the customer's last credit transaction or until the satisfaction of the credit obligation, whichever is later;
4. To an established customer provided that the call is limited to the provision of continuing services and does not relate to expanded services, upgrades, products, or other services unless directly related to the particular service or services previously provided.
5. Business-to-business.

1. To a residential subscriber with that subscriber's prior express invitation or permission;
2. By or on behalf of a person with whom the residential subscriber has an established business relationship within the immediately preceding 12 months;
3. Business-to-business;

1. To an existing customer or any person with whom the seller has a prior or existing business relationship within preceding 18 months;
2. In response to an express request by consumer;
3. By nonprofit organizations;*
4. Business-to-business.

1. To any telephone subscriber with the telephone subscriber's prior express invitation or permission;
2. To any telephone subscriber with whom the telephone solicitor has an established business relationship;
3. By or on behalf of a non-profit organization;
4. By or on behalf of a telephone solicitor that employs fewer than 10 full-time or part-time direct employees, the telephone solicitations are made by the direct employees, and the direct employees collectively make or attempt to make no more than an average of 10 telephone solicitations to telephone subscribers per week during a calendar year;
5. To any telephone subscriber for the sole purpose of arranging a subsequent face-to-face meeting between the telephone solicitor and the telephone subscriber and the telephone solicitor does one of the following:
   A) Seek payment from the telephone subscriber in connection with the sale or rental of, or investment in, property, goods or services;
   B) Complete the sale or rental of, or investment in, property, goods, or services;
   C) Obtain provisional acceptance of a sale, rental or investment;
   D) Obtain the agreement of the telephone subscriber to participate in any contest, sweepstakes, raffle, or lottery;
   E) Directly following the telephone solicitation, go or cause an individual to go to the telephone subscriber to collect a payment or deliver any item purchased;
6. By a person primarily soliciting the sale of a subscription for a newspaper of general circulation;
7. Business-to-business.

1. In response to an express written request, consent, invitation or permission;
2. By or on behalf of any person with whom the subscriber has an established personal or business relationship;
3. By or on behalf of a non-profit organization if the call:
   a) Is made by a volunteer or employee of the non-profit organization; and
   b) The caller immediately discloses the person's true first and last name and the name, address, and telephone number of the non-profit organization;
4. By or on behalf of any person whose exclusive purpose is to poll or solicit the expression of ideas, opinions or votes, unless the communication is made through an automatic dialing-announcing device;
5. By the individual soliciting without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting;
6. By or on behalf of a political party, candidate, or other group with a political purpose;
7. Business-to-business.

1. Business-to-business;
2. Made for the sole purpose of arranging a subsequent face-to-face meeting;
3. Solicitation of funds or other support for a charitable or religious activity, political candidate, cause or organization, or any activity of a nonprofit organization;*
4. To any person with whom the seller has an established or existing business relationship formed within the preceding 24 months.

1. By nonprofit organizations or public agencies to members who have donated or expressed an interest in donating goods, services, or property;*
2. To express ideas, opinions, or votes or limited to polling;
3. Business-to-business;
4. In response to an express request by consumer;
5. To persons who have previously purchased from the person making the call, the business enterprise, or a financial institution that has merged or been acquired by the business, or sold/assigned an account of a party to the business for which the person is calling.

1. In response to an express request;
2. In reference to an existing debt, contract, payment or performance;
3. In connection with an established business relationship within the past 12 months preceding the call;
4. On behalf of a tax-exempt organization under IRC §§ 501(c)(3) or (8);*
5. On behalf of a veteran's organization chartered by Congress;
6. On behalf of a political candidate or a political party;
7. Business-to-business.

1. By any non-profit or charitable organization which makes calls solely to solicit a charitable donation;
2. In response to an express request;
3. In connection with an existing debt or contract, or payment or performance;
4. To any person with whom the caller or the business on whose behalf the call is being made has an established business relationship defined as a purchase in the past 18 months or an inquiry in the past 3 months;
5. Business-to-business.
   

1. By nonprofit organizations;*
2. To consumer with prior express invitation or permission;
3. To an existing customer within preceding 12 months;
4. If the communication is made on behalf of a business and all of the following conditions are met:
   (a) A direct employee of the business makes the voice communication;
   (b) The communication is not made as part of a telecommunications marketing plan;
   (c) The business has a reasonable belief that the specific person who is receiving the voice communication is considering purchasing the service or product sold or leased by the business and the call is specifically directed to such person;
   (d) The business does not sell or engage in telemarketing services; and
   (e) The business does not make more than a total of three (3) such voice communications in any one (1) calendar week.
5. Business-to-business.

1. By a consumer the result of a solicitation by a seller or telemarketer;
2. In response to general media advertising by direct mail solicitations;
3. In connection with:
   a) An established business relationship
   b) A business relationship terminated, if call is made before the later of the date when the consumer's telephone number first appears on the do-not-call list or one after the date of termination;
   c) A business-to business relationship, other than by facsimile solicitation;
4. To collect a debt;
5. By a state licensee if:
   a) The call is not made by an automated dialing system;
   b) The solicited transaction is not made until a later face-to-face meeting and consumer is not required to pay until after the presentation;
   c) The consumer has not informed the telemarketer that the consumer does not wish to receive calls.

   Same exemptions as above for electric "no call" list.

1. In response to an express request of the person called;
2. Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call
3. As required by law for a medical purpose.
4. By a person licensed under the Insurance Code;
5. By a person holding a Real Estate license;
6. By or on behalf of a licensed charitable organization;
7. By a person that holds a license issued by the National Association of Securities Dealers.
8. To any person with whom there is an established business relationship within 18 months.
9. Business to business.
   

1. *(federal exemptions apply)* 1) When the seller has obtained the express agreement, in writing, of the caller to place calls to that person.
2. To any person with whom the seller has an established business relationship and that person has not stated that he or she does not wish to receive calls.
3. In response to a customer or donor that are not the result of any solicitation by a seller, charitable organization, or telemarketer, but this exemption does not apply to upselling.
4. To induce charitable contributions.
5. In response to calls initiated by a customer or donor in response to an ad through any medium, other than direct mail solicitation BUT NOT: calls initiated by a customer or donor in response to an ad relating to investment opportunities, business opportunities other than business arrangements covered by the Franchise Rule, or ads involving goods or services related to removing information from or improving a person’s credit history, record or rating or collection agencies or loan or credit extensions.
6. In response to calls initiated by a customer or donor in response to a direct mail solicitation BUT NOT the same items as excluded in (5) above.
7. Business-to-business calls.

1. In response to the recipient's request.
2. To a recipient who is a current client of the person selling the property, goods or services that is the reason for the telephone solicitation. This does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.
3. By nonprofit organizations.*
4. To determine whether a former client mistakenly allowed a contractual relationship to lapse (*only one call per client).
5. To determine a former client's level of satisfaction as long as the call is not part of a plan to encourage the former client to purchase goods or services.
6. Business-to-business

1. In response to an express request by consumer;
2. In connection with an existing debt or contract;
3. To any person with whom the seller has an established business relationship;
4. By a telephone seller making less than 225 unsolicited calls per year;
5. Business-to-business.