Home | Site Map | Contact Regulatory Info Take a Tour Features Subscription Info Resources FAQs Company Events
   
+
 Regulatory News
+
 Regulatory Charts
 
HOME > REGULATORY CHARTS > CHART

 
Prepared by Copilevitz & Canter, LLC - (816) 472-9000 | This chart is not to be used as a substitute for legal counsel.

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

State

Exemptions

How to apply exemptions
Some state and Federal jurisdictions have exemptions to the Do Not Call laws as stated below. Based on these exemptions calls can be made to certain numbers that appear on Do Not Call databases. Calling Do Not Call phone numbers can result in substantial fines if exemptions are not applied correctly. Certain Do Not Call phone numbers can appear on multiple Do Not Call databases with more restrictive or no exemptions. NO EXEMPTION EXISTS for phone numbers that appear on company specific Do Not Call lists. Please utilize all exemptions with caution.
FCC
  1. calls from organizations with which you have an "established a business relationship" (within the past 18 months or up to 3 months from inquiry)
  2. calls for which you have given prior written consent (evidenced by a signed, written agreement between consumer and seller which states that consumer agrees to be contacted by this seller and includes the telephone number to which the calls may be placed - such consent effective unless and until this consumer requests to be placed on "internal" DNC list)
  3. calls by or on behalf of tax-exempt non-profit organizations
  4. calls by a telemarketer in which the telemarketer making the call has a personal relationship with recipient of the call (limited to families, friends, and acquaintances)
  5. calls which are not commercial or do not include unsolicited advertisements
FTC

In addition to "jurisdictional" and "inbound" exemptions, the FTC DNC registry rules exempt calls made with express agreement of party called (agreement must include phone number and signature); and calls to persons with whom the caller has an "established business relationship."

(Note: "jurisdictional" and "inbound" exemptions also apply to the "in-house" DNC rules. but, calls re: sales not completed until "face to face" meeting, sales of pay per call services, and sales of franchises ARE NOT EXEMPT from either set of rules.)
Alabama
Standard commercial telemarketing exemptions apply, such as calls for charities, supervised financial institutions, etc.
Alaska
  1. express request of consumer; calls from consumers
  2. calls by charities and non-profits to members or prior donors (within the past 24 months)
  3. calls made to express opinions, ideas or "votes"
  4. business to business calls
  5. existing business relationship (within a 24 month window)
Arizona
FTC Rules apply, however, AZ DNC rule shall not apply to any intrastate telephone solicitation that would be otherwise permitted under Federal interstate rules, or to calls made by or on behalf of a seller or solicitor who is an AZ licensed real estate professional if the calls are made under any of the following circumstances:
  1. in regard to a past or present employment agreement with the consumer, and who is calling in regard to a subject reasonably related to the employment agreement
  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 entered in the FTC's DNC registry
Arkansas
  1. prior written express permission
  2. prior or existing business relationship in past 36 months
  3. a call by any person to a consumer who has on his/her real property a "for sale" sign which lists a telephone number
  4. debt collection calls
  5. motor vehicle dealers, insurance agents, real estate agents, funeral establishments, licensed investment brokers
  6. volunteers calling on behalf of a charitable organization
  7. newspapers regarding advertising or sales
  8. banks relating to banking services other than credit card offers
  9. business to business calls
California
  1. under certain circumstances, calls made at express request of person called
  2. debt collection calls
  3. where DNC list subscriber specifically indicated that DNC list would not apply to the company making the call
  4. established business relationship
  5. calls on behalf of a small business
  6. calls to verify that a subscriber has terminated an established business relationship
  7. calls by charitable organizations
  8. business to business calls
Colorado
  1. prior express permission
  2. established business relationship within past 18 months
  3. 30 day "inquiry" based window of opportunity
  4. calls by or on behalf of charitable organizations
  5. political calls; polling calls
  6. business to business calls
Connecticut
  1. with the consumer's prior express written or verbal permission
  2. in response to a consumer’s visit to an establishment with a fixed location
  3. primarily in connection with an existing debt or contract that has not been paid or performed
  4. to an existing customer
  5. from a business that first began to do business in this state on or after January 1, 2001, that has operated in this state for less than one year
  6. for a non-commercial purpose, such as a poll or survey
  7. by a tax-exempt, non-profit organization
  8. by telephone companies, compiling their own directories
Delaware
Not applicable
D.C.
Not applicable
Florida
  1. in response to an express request by the person called
  2. in reference to an existing debt, contract, payment or performance
  3. to any person with whom the telephone solicitor has a prior or existing business relationship
  4. about the newspaper business, including newspaper publishers, agents or employees
  5. DNC rules do not apply to licensed real estate brokers who call an actual or prospective seller or lessor of real property when such call is made in response to a yard sign or other form of advertisement placed by the seller or lessor
  6. on behalf of charitable organizations
  7. on behalf of political candidates and political parties
Georgia
  1. customers with which you have a current or prior business or personal relationship
  2. customers that have given you prior express invitation or permission to call
  3. if you are a political candidate or polling company
  4. if you are a recognized charitable or religious organization
  5. business to business calls
Hawaii
Not applicable
Idaho
  1. business to business calls
  2. where established business relationship exists between telephone solicitor and buyer (does not apply to telephone companies, however)
  3. by a minor (person under 18) seeking to sell a good or service by phone for a charitable purpose or organization
Illinois
  1. calls made with subscriber’s permission (30 day inquiry/consent/product availability window of opportunity)
  2. calls to subscribers with whom caller has an existing business relationship
  3. calls from certain tax exempt organizations (but must disclose caller's name and organization contact info)
  4. certain calls from licensed real estate or insurance agents (when: setting up face to face sale, or where written agreement required)
  5. calls from charitable organizations or religious organizations
  6. calls from companies with which a consumer has a current or prior business relationship (example: telephone company or credit card company)
  7. calls from companies that have the consumer’s prior express invitation or permission to call
  8. calls from political parties or candidates
  9. calls from telecommunications carriers or cable companies until July 1, 2005
  10. calls from real estate or insurance producers setting a face to face meeting and/or before concluding a sales transaction
  11. survey calls (that are not sales calls)
Indiana
Not applicable
Iowa
  1. express request
  2. debt collection
  3. calls made by charitable organizations if: call made by volunteer or employee; caller immediately discloses caller's first and last name, and name, address, telephone number of the charity
  4. calls made by licensed real estate brokers if sale is not until after face to face presentation
  5. calls by licensed insurance agents
  6. calls soliciting the sale of a newspaper of general circulation, but only if the telephone call is made by a volunteer or an employee of the newspaper.
  7. business to business
Kansas
  1. In response to an express request of the person called
  2. for debt collection purposes
  3. to any person with whom the telephone solicitor has an established business relationship within last 36 months (unless consumer has already objected to such calls)
  4. organizations soliciting for charitable donations, calls concerning political candidates or issues, or other calls unrelated to the sale of property or services.
  5. business to business calls
Kentucky
  1. calls in response to an express request
  2. debt collection calls
  3. calls to persons with whom telemarketer has a prior or existing business relationship
  4. calls from Kentucky merchant to location outside Kentucky
  5. business to business calls
  6. calls by charitable organizations soliciting only donations
Louisiana
  1. calls in response to express request of person called (Note: as of 5/16/03, an "express request" exemption exists for property/services advertised and offered for sale by owner, if such ad contains phone # of the owner or its authorized representative. Exemption applies for six months.)
  2. debt collection calls
  3. calls to any person with whom caller has an existing biz relationship, or a prior biz relationship within six months of such call (except for car dealers, as below)
  4. calls on behalf of a nonprofit, unless it uses a paid professional solicitor
  5. calls to conduct research, opinion polling, etc.
  6. calls constituting political activity ("political activity" includes: I) calls to urge support/opposition to a candidate or ballot issue provided callers ID themselves; II) political polls or calls soliciting opinions, ideas, or votes; III) communications by a newspaper or periodical qualified to be an "official journal.")
  7. sales not completed until after face to face meeting (except: face to face meeting must be at solicitor's primary place of business or at location selected by purchaser; call must result from referral or must be to someone personally known to solicitor.) If person called no longer wishes to be called, solicitor must honor request. also, face to face exemption does not apply if directly following sale the solicitor attempts to deliver item or collect payment from the person 8) calls by a person or business that sells cars and does not complete sales presentation until after face-to-face meeting where person has previously made purchases from a car dealer 9) business to business calls
Maine
  1. Calls to any person with whom seller has an existing business relationship.
  2. By definition of "transient seller," business to business calls
Maryland
Not applicable
Massachusetts
  1. calls made to consumers with that consumer’s express permission
  2. calls made by tax-exempt non-profit organizations, e.g. universities and charities
  3. noncommercial polls or surveys, e.g. political polls
  4. calls made to consumers in response to that consumer’s visit to that company’s fixed commercial location
  5. telephone sales calls made primarily in connection with an existing contract or debt
  6. telephone sales calls to an existing customer
  7. telephone sales calls in the context of ongoing consumer sales when face-to-face presentations or meetings are prerequisites to payment
  8. business to business calls
Michigan
  1. following express invitation by consumer
  2. to an existing customer
  3. not completed until later face to face meeting
  4. from charitable organizations (including those soliciting on behalf of public safety organizations)
  5. from political organizations
Minnesota
  1. at the express invitation or permission of the residential subscriber;
  2. pursuant to a prior or current business or personal relationship with the subscriber;
  3. on behalf of a non-profit or political organization;
  4. where the sale is not completed until a later face-to-face meeting
  5. business to business (only "residential subscribers" on DNC list.)
Mississippi

MS Public Utilities Commision (PUC) "may" allow exemption for telephone solicitors if: (a) telephone solicitor demonstrates to the MS PUC that its proposed telephone solicitation is reasonably related to an established business relationship, or is being made in response to an invitation by the consumer; (b) the solicitation is for contributions to a non-profit corporation; or, (c) consumer contacted not for "telephone solicitation" but for a "bona fide" religious or charitable purpose. For all three cases, above, solicitor must demonstrate that it will not use an automated dialing system or block caller ID. MS PUC has final authority over whether telephone solicitor making above application can call into MS.

  1. calls related to transactions not completed until later face-to-face meeting
  2. real estate brokers
  3. motor vehicle dealers who are state residents
  4. insurance brokers
  5. broker-dealers, agents, investment advisors seeking to sell securities or provide financial advice
  6. persons calling re: subscriptions to, or advertisements in, newspapers
  7. supervised financial institutions with in-state offices
  8. licensed funeral establishments
  9. calls relating to established business relationships
  10. business to business calls
Missouri
  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 one hundred eighty days or a current business or personal relationship
  3. charitable organizations, while such entity is engaged in fund-raising to support the charitable purpose for which the entity was established provided that a "bona fide" member of such exempt organization makes the voice communication
  4. by or on behalf of any entity over which a federal agency has regulatory authority to the extent that: a. 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 his or her primary residence, or a person licensed by the state of Missouri to carry out a profession who is setting or attempting to set an appointment within the state or counties contiguous to the state
  6. business to business calls
Montana
  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 entity while the entity is engaged in fundraising to support the charitable purpose for which the entity 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: (i) 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 (ii) 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 of Montana who is setting or attempting to set an appointment for actions relating to such license within the state.
Nebraska
Not applicable
Nevada
The following exemptions are listed in the NV DNC law:
  1. Calls on behalf of charitable, religious, or political organizations
  2. A call is deemed to be "solicited" (i.e., not "unsolicited") if it's made to a person who: (I) Expressly requested or expressly gave permission for the telephone call to be made; (II) Had an established business relationship with the caller, if the telephone call is made solely to verify the termination of the business relationship; or (III) Has a delinquent obligation for which payment or performance is due but has not been made, or if the call is made to: (1) Collect the payment or obtain the performance; or (2) Extend credit to allow the person to make the payment.
  3. unsolicited telephone calls can be made to persons on the NV DNC list if: there is a preexisting business relationship between solicitor and person called; and the solicitor maintains an internal list and notifies customers annually that they may have their names placed on the internal list.
New Hampshire
  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 such call has used and observed with respect to such call the do-not-call list maintained by the Telephone Preference Service of the Direct Marketing Association, Inc., Farmingdale, New York, or its successor organization. [BUT NOTE THAT THIS EXEMPTION IS "PROSPECTIVELY REPEALED" AS OF AUG. 1, 2006 BY SEC. 303:6 OF NH SB 98 (2003)]
  5. On behalf of a political campaign, except that a call made on behalf of a political campaign by a vendor using automatic dialing equipment shall be deemed a telemarketing sales call under this chapter
  6. Business to business calls
New Jersey
  1. in response to an express written request of the customer 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 telemarketing sales calls of the telemarketer
  3. Business to business calls
New Mexico
  1. 1) to a residential subscriber with that subscriber's prior express invitation or permission
  2. by or on behalf of a person with whom a residential subscriber has an established business relationship
  3. by definition, any call not for purpose of encouraging purchase, rental, investment in goods/services is also exempt, i.e., calls soliciting contributions, political/polling calls, survey calls
  4. Business to business calls
New York
  1. at the request of the customer
  2. in connection with an established business relationship within last 18 months
  3. to an existing customer
  4. where sale not completed until later face to face meeting
  5. charitable organizations
  6. religious corporations
  7. political parties and committees
North Carolina
  1. with prior express invitation or permission (must be on independent form, and contain number and signature; telemarketier can not call to obtain)
  2. pursuant to an established business relationship
  3. by or on behalf of a nonprofit organization
  4. by or on behalf of a telephone solicitor that employs fewer than 10 full-time or part-time direct employees, where the calls are made by such direct employees and where the total of calls made or attempted average no more than 10 per week during a calendar year
  5. to calls made to set up a face to face meeting (but solicitor must NOT do any of the following during the telephone solicitation: seek payment; complete the sale; obtain provisional acceptance of a sale; obtain agreement from person called to participate in any contest, sweepstakes, raffle or lottery; directly following the call, go or cause anyone to collect 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 calls
North Dakota
  1. to any subscriber (defined as a person who has subscribed to residential telephone services or other persons living with the with the subscriber, or a person who has subscribed to wireless or mobile telephone services) with that subscribers prior express written consent
  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 charity, but only when: call made by a volunteer or employee of the charity; person making call immediately discloses person's first/last name and the name/address/telco # of charity
  4. relating to polling or soliciting expression of ideas (unless call made by autodialer in manner prohibited under autodialer rules)
  5. relating to solicitations not completed until later face-to-face meeting
  6. by or on behalf of a political party, candidate, or group with political purpose
  7. business to business calls
Ohio
Not applicable
Oklahoma
  1. charitable/religious activity
  2. a political candidate, cause or organization
  3. any activity of a not-for-profit
  4. face-to-face sale
  5. business to business calls
  6. calls to consumers with whom caller has an established business relationship within past 24 months
Oregon
  1. 1) calls made in response to request or inquiry by called party
  2. calls made by charity, public agency (or volunteers on behalf of same) to members of the charity or agency, or to prior donors or persons who have expressed an interest in donating
  3. polling or soliciting expression of ideas, opinions, or votes
  4. business to business calls
  5. a person soliciting business from persons who have previously purchased from: person making solicitation; business for which person is calling; or "predecessor" of such business (the term "predecessor" in this context refers only to certain financial institutions)
Pennsylvania
  1. in response to express request
  2. in reference to debt collection
  3. regarding an established business relationship (within a 12 month window)
  4. by tax exempt organizations or veteran's organizations
  5. on behalf of a political candidate or party
  6. business to business calls
Rhode Island
Not applicable
South Carolina
Not applicable
South Dakota
  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.
Tennessee
  1. calls made at subscriber's prior express invitation
  2. calls by non-profits, provided that a bona fide member, volunteer or employee makes such calls
  3. calls to existing customers (within a 12 month window)
  4. certain occasional and isolated calls (no more than 3 per week allowed.)
  5. business to business calls
Texas
  1. by a consumer as a result of solicitation by a seller or telemarketer on in response to general media ads by direct mail solicitations that make all disclosures required by federal or state law
  2. regarding an established business relationship, OR a business relationship that has been terminated, if the call is made before the later of the date the first Texas no-call list in which the consumer's telephone number appears is published or one year after the date of termination
  3. by a business to a business (except by fax, and except if business opts-out of future calls)
  4. regarding debt-collection
  5. by a state licensee if the calls are not made by autodialer; if a face to face presentation is needed to finalize the transaction; AND the consumer has not informed the TM that the consumer does not wish to receive calls from the TM
  6. by definition, all calls not soliciting a sale of goods or services (e.g., polling, or calls for donations)
Utah
  1. express prior request
  2. calls by or on behalf of non-profits
  3. calls relating to existing business relationship
  4. calls by: i) licensed insurance sellers; ii) licensed real estate brokers; iii) licensed securities dealers
Vermont
  1. does not include any telephone solicitor otherwise registered or licensed with the state
  2. does not include non-profits; calls in response to requests; calls made by persons not regularly engaged in telephone solicitation; calls regarding an established business relationship
  3. financial institutions
  4. business to business calls
Virginia
Not applicable
Washington
Not applicable
West Virginia
Not applicable
Wisconsin
  1. non-profits and contractors hired by non-profits (if offering goods/services must also be exempt from WI sales tax and federal income tax.)
  2. calls made at recipient's request
  3. calls to current clients of the person selling the property, goods or services that is the reason for the telephone solicitation
  4. business to business calls (businesses can still request, in writing, to be placed on an "in-house" list)
  5. one telephone call to determine whether a former client mistakenly allowed a contractual relationship to lapse
  6. call to determine former client's level of satisfaction unless the call is part of a plan to encourage a former client to purchase goods or services.
  7. call made to a party to an existing contract that is necessary to complete that contract
  8. business to business calls
Wyoming
  1. in response to an express request;
  2. in connection with debt collection; to persons with whom the telephone solicitor had an established business relationship
  3. by a telephone solicitor or merchant making less than two hundred twenty-five (225) unsolicited calls per year
  4. calls in response to a yard sign or other form of advertisement placed by the seller or lessor also exempted
  5. most charity and political fundraisers are also exempt
  6. business to business calls

Publish Date: July 23, 2009
 

Privacy Policy | ©2010 possibleNOW, Inc. All rights reserved.