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 DNC Regulations by State

State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
ALABAMA No Quarterly Over 36,000 No http://www.psc.state.al.us/nocall/No-Call%20Web%20info1.htm 8:00AM - 8:00PM w/ No Sundays or Holidays $2,000 per infraction
DNC List effective as of 7/1/2000.(Third Party Restrictions against disseminating DNC list info in place.)Alabama currently has 25 categories of exemptions to DNC list law.Legislative News:no new legislation introduced in the 2003 Session impacting existing telemarketing rules.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
ALASKA Yes Specific to Local Telephone Company See Notes No http://www.law.state.ak.us/consumer/tele_stop.html 8:00AM - 9:00PM Up to $5,000 per infraction
Present day, state Do-Not-Call lists are maintained individually by each local telephone company (i.e. Alaska Telephone Company, ATU Telecommunications, etc.). There are approximately twenty (20) local companies serving Alaska.Legislative News:two bills active (HB 8 and HB 15) that would establish a more centralized DNC program in Alaska (no movement on either.)HB 82, related to commercial email, signed by Governor on 5/1/03.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
ARIZONA Qwest DEX List:Yes As Per FTC Rules 12,470 on Qwest DEX List No http://www.az.gov/webapp/portal/ 8:00AM - 9:00PM Proposed fines up to $1,000 per infraction
No official Do-Not-Call law and/or state sponsored no-call list exists in Arizona.However, the local exchange carrier Qwest maintains listing of consumers that wish not to be solicited via telephone. Legislative News: SB 1119 signed into law on 5/19/03; adopts FTC list as the AZ "intrastate" DNC program.HB 2346, creating restrictions on faxing, signed on 5/12/03.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
ARKANSAS Yes Quarterly 48,694 No http://www.donotcall.org/telemarketers.html 8:00AM - 9:00PM $10,000 per infraction
DNC List active as of 1/1/2000.Legislative News:HB 2293, calling for incorporation of FTC DNC list info into the Arkansas list, has been signed by the Governor.HB 2580, prohibiting transmission of fictitious Caller ID signal also signed.Other bills relating to email remain active.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
CALIFORNIA No As Per FTC Rules None No http://www.caag.state.ca.us/donotcall/index.htm 8:00AM - 9:00PM $500 for initial infraction with $1,000 per infraction thereafter
Do-Not-Call Law passed in 2001; CA now accepting "pre-registrations" to the FTC's list via Attorney General Bill Lockyer's website (well over 1 million consumers have signed up to date.)Numbers to be added to new federal DNC list set for enforcement on October 1, 2003.Legislative News: 3% predictive dialer abandonment rate in effect (planned lower 1% rate still under review - AB 1452 would establish a 1% rate).One bill (AB 320) would extend the rule requiring "natural voice" introductions of unsolicited pre-recorded messages to any mechanical or electronic answering device (in Committee on Business and Professions.)SB 12 would prohibit intrastate unsolicited commercial email.AB 1078 sets up rules for newspaper/mag sales (no movement since intro.)SB 396 would prohibit withholding display of caller ID when call made using auto or predictive dialer (no movement since intro.)AB 88, providing that any contract made pursuant to telephone solicitation that fails to comply with TSR is unlawful, has passed CA Assembly.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
COLORADO Yes Quarterly 1,091,725 No http://www.coloradonocall.org 8:00AM - 9:00PM $2,000 per infraction
DNC List effective as of 7/1/2002.List maintained by third party vendor e-InfoData.Legislative News: HB 1098, which would add wireless telephone subscribers to the CO DNC list, has been signed by Governor.HB 1200, which would amend existing junk email law to include no-solicitation list (like DNC list), introduced, but currently in abeyance.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
CONNECTICUT Yes Quarterly 508,178 Yes http://www.state.ct.us/dcp/nocall.htm 9:00AM - 9:00PM $5,000 per infraction
DNC list effective as of 1/1/2001.The Direct Marketing Association (DMA) list is recognized by CT as its official state DNC list.Active 2003 legislation: would add fax numbers to the DNC list (HB 5090 - no movement since intro); place restrictions on unsolicited, bulk emails (or "spam") (HB 5790, SB 83, SB 141, SB 335, SB 725 - no movement in any of these); would enact protections similar to Federal rules involving "demand drafts" (SB 449); and create additional penalties for DNC violations by telecommunications companies (SB 481).
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
DELAWARE No Proposed Quarterly None No http://www.state.de.us 8:00AM - 9:00PM Proposed fines of $500 plus
No DNC list active.Legislative News:one bill introduced (SB 23) seeking to protect consumers from abusive and fraudulent telemarketing by fortifying existing DE provisions and creating a DNC list run by the State.List will be updated at least quarterly; safe harbors if procedures and training in place (no movement since intro.)
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
DISTRICT OF COLUMBIA No None None No Unknown 8:00AM - 9:00PM None
No DNC list active.Legislative News:no legislative pending in 2003 Session impacting telemarketing.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
FLORIDA Yes Quarterly 169,348 No http://www.800helpfla.com 8:00AM - 9:00PM $10,000 per infraction
DNC list effective as of 7/1/1990 (first DNC list in the country.)Legislative News:no bills relating to telemarketing active; several bills (HB 1211, SB 438) placing restrictions on emails within the State of FL active (both reported on favorably).One bill (SB 1134) would revise certain laws regarding the solicitation of donations.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
GEORGIA Yes Quarterly 340,209 No http://www.ganocall.com 8:00AM - 9:00PM $2,000 per infraction
DNC list effective as of 1/1/1999.Legislative News:SB 272, which would make cell phones eligible to be placed on DNC list, signed by Governor on 6/2/03.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
HAWAII No Proposed Quarterly None No http://www.state.hi.us 8:00AM - 9:00PM Proposed $2,000 per infraction
No DNC list active.Certain solicitation disclosures required.Legislative News:several bills introduced, but little movement in any of them -- HB 14, HB 505, and SB 785 would create a state DNC list (all currently in committee); HB 17 prohibits unsolicited text (or other) messaging to cell phones/pagers;HB 327 and SB 508 would place restrictions on the sending of unsolicited commercial email; HR 107 would require call centers to initiate customer right to know procedures regarding all inbound and outbound communications.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
IDAHO Yes Quarterly 68,790 No http://www2.state.id.us/ag/consumer/nocalllist.htm 8:00AM - 9:00PM $500 for initial infraction. $2,500 for second infraction. $5,000 per infraction thereafter
DNC list effective as of 4/1/2001.Legislative News:one bill in current session introduced impacting ID telemarketing rules:SB 1113 would add residential subscribers operating commercial or business endeavors from their residences to the list of persons able to add their phone numbers to the ID DNC list (currently, any residential, mobile or telephonic paging device telephone subscriber can do so.)Nothing to report on this bill.  (Note:Unsolicited faxes banned in Idaho since 1997.)
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
ILLINOIS No Quarterly None No http://www.icc.state.il.us/rcr/home.aspx 8:00AM - 9:00PM $1,000 for initial infraction with up to $2,500 for each infraction thereafter
SB1830 creating the Restricted Call Registry Act signed by Governor George Ryan on August 9, 2002; DNC list scheduled to be effective as of 7/1/2003.Exemptions include existing biz relationships, non-profits, real estate and insurance sales; $5.00 registration fee for Illinois residents and up to $1,000.00 registration fee for telemarketers to purchase registry.SB 1830 also states that if FCC or FTC establish a single national database of telephone numbers of subscribers who object to receiving telephone solicitations, which restricts both inter-state and intra-state calls and at a minimum covers all telephone solicitations covered by this Act, then Illinois will discontinue the DNC list.Limiting language of SB 1830 with regard to discontinuance yet to be triggered, pending further developments on the Federal front.Legislative News:several bills impacting telemarketing pending:HB 252 makes it a violation to make telemarketing call to cell phone (in rules committee); HB 1632 regulates so-called "free to pay conversions" involving assessing a periodic fee after free trial period - consumer must be given a form to indicate agreement to pay (passed both House and Senate.)
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
INDIANA Yes Quarterly 1,346,446 No http://www.in.gov/attorneygeneral/telephoneprivacy/index.htm 8:00AM - 9:00PM $10,000 for initial infraction and $25,000 per infraction thereafter
DNC list effective as of 1/1/2002.Legislative News:pending 2003 legislation includes:HB 1294 provides that for purposes of the IN DNC list, the term "consumer" is not restricted to a residential telephone subscriber (no movement since intro); HB 1099 prohibits using pre-recorded messages for political calls (no movement since intro); and multiple bills restricting or regulating email transmissions (HB 1083 (signed by Governor on 4/17/03), HB 1185, and HB 1963 (which creates a Do Not Email list)).
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
IOWA No Proposed Quarterly None No http://www.state.ia.us 8:00AM - 9:00PM Proposed $100 to $2,000
No DNC list active.Legislative News:HB 9 and HB 31 would create a DNC list (includes residential numbers, cell phones, and paging devices), restrict autodialer and predictive dialer use, prohibit caller ID blocking, provide for written contracts containing mandatory language, and restrict use of credit cards and fund transfers (little movement since intro.)HB 75 and SB 64 would require that certain disclosures be made for political telephone communications (no movement.)SB 299 and SB 307 (each calling for creation of DNC list) introduced on March 6, 2003.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
KANSAS Yes Quarterly 500,677 No http://www.accesskansas.org/ksag/contents/consumer/nocall/no-call.htm 8:00AM - 9:00PM Up to $10,000 per infraction
DNC list effective as of 11/1/02.Exemptions include charities and politicians, existing biz relationships, and opt-in calls by consumers seeking info.Active 2003 legislative includes:HB 2028, HB 2029, HB 2199, and SB 126 (seeking to add exemptions to KA telemarketing regulations; and SB 188 (seeking to add cell phones to all provisions governing telemarketing.)No movement to report on any of these bills.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
KENTUCKY Yes Quarterly 778,760 No http://www.kycall0.net/telemarketer.asp 10:00AM - 9:00PM w/o Exemption Up to $10,000 per infraction depending of violation
DNC list ("zero call" list) effective as of 7/15/2002.Exemptions to DNC list requirements include:express request by person called; debt collection; prior existing relationship; "b 2 b" calls.Legislative News:no bills impacting telemarketing pending in current legislative session.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
LOUISIANA Yes Quarterly 340,925 No http://www.lpsc.org/donotcall/ 8:00AM - 8:00PM w/ No Sundays or Holidays $1,500 per infraction and $3,000 per infraction when consumer over the age of sixty-five (65)
DNC list launched as of 1/1/03; enforcement commenced as of 4/1/03.DNC list program managed by Louisiana Public Service Commission; bond required in LA for telephonic sellers, for Automated Dial users, and for purchasing the DNC list.Legislative News:HB 684 signed by Governor on 6/17/03 - re-creates DNC exemption for newspapers previously taken away by the LA PSC.HB 52, which prohibits telemarketers from making calls into LA during declared states of emergency (passed House); HB 90, which regulates unsolicited emails; HB 150, prohibiting telephone solicitations to cell phones (passed House); HB 173, adding an exception to DNC law for certain incompleted solicitations; and SB 90, which creates "no email" list (passed Senate.)
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
MAINE Yes Quarterly 76,317 Yes http://www.state.me.us/sos/telemark.htm 8:00AM - 9:00PM $500 per infraction
DNC list effective as of 1/1/2001.The Direct Marketing Association (DMA) list is recognized by Maine as its official state Do-Not-Call list.Legislative News:SB 113 (signed by Governor) makes it illegal to block caller ID.Pending legislation includes:HB 312, which generally prohibits the use of automated telephone solicitation calls (except for charities and politicians) (reported unfavorably); HB 411 would impose a $1 fee for all calls made by out-of-state telemarketers to Maine residents (no action since intro.);LR 128, aimed at toughening ME's DNC list rules (no movement); SB 448, which creates a do not email list introduced on March 18, 2003; various other email related legislation introduced as well.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
MARYLAND No Proposed Quarterly None No http://www.state.md.us 8:00AM - 9:00PM Proposed $1,000 per infraction
No DNC list active.Legislative News:introduced legislation includes:HB 610 and SB 3 (enacting State administered DNC list and other provisions) (SB 3 reported unfavorably); SB 93, prohibiting leaving automated messages on people's answering machines (no movement since intro); and SB 503, prohibiting sending commercial email without certain disclosures in the email (no movement since intro.)
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
MASSACHUSETTS Yes Quarterly 1,208,711 No http://www.state.ma.us/donotcall/solicitorinfo.htm 8:00AM - 8:00PM Up to $5,000.00 per infraction
DNC list effective as of 1/1/2003 (enforcement began 4/1/03).Administered by Consumer Protection Office of the Office of the Attorney General.No consumer fee; telemarketers pay for list.Caller-ID blocking/interference banned.MA also gives consumers right to contact their telephone company and request not to receive calls from any automated dialers.Legislative News:no movement to report on any of the following -- HB 99 (mandating certain solicitation disclosures and cancellation rights for telemarketing transactions); bills relating to commercial/unsolicited emails moving forward; HB 3987, regulating telemarketing solicitation.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
MICHIGAN No As Per FTC Rules None No http://www.michigan.gov/donotcall 9:00AM - 9:00PM (No calling after 5:00PM Monday through Saturday or Sunday in its entirety proposed) A misdemeanor with fines ranging from six (6) months imprisonment and/or $500.00 per infraction
DNC list law signed into law by outgoing Governor John Engler on December 20, 2002.By order dated 4/17/2003, the Michigan PSC has officially designated the FTC's DNC list as the official state DNC list for Michigan.Legislative developments: no movement to report in any of the following bills-- HB 4014 (requiring telephonic or electronic campaigning messages to include payer's identification); HB 4122 (prohibiting automated campaign telephone calls); and HB 4188, regulating deceptive unsolicited commercial email.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
MINNESOTA Yes Quarterly 1,101,625 No http://www.state.mn.us/cgi-bin/portal/mn/jsp/content.do?contentid=536889669&contenttype=EDITORIAL&agency=Commerce 9:00AM - 9:00PM $1,000 per infraction
DNC list effective as of 1/1/2003.   Telemarketers can purchase list by paying $125 quarterly for the first year (subsequent years less expensive).Enrollment for consumers is free.Subscribers to Minnesota state list would be added to federally maintained do-not-call registry if national list established by Federal Trade Commission (FTC).Legislative News:pending legislation includes:HB 345, HB 43A, and SB 240, each seeking to close certain "loopholes" in the Minnesota DNC list law (no movement to report.)
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
MISSISSIPPI No Quarterly None No http://www.psc.state.ms.us/telemarketers.htm 8:00 to 8:00 w/ no Sundays (eff. 7/1/03) $5,000 per infraction
SB 2445, creating DNC list, signed by Governor Ronnie Musgrove 4/9/2003 (law to take effect 7/1/2003).SB 2445 calls for DNC list to be maintained by MS PUC.Calls for inclusion of Federal DNC information in MS list.No other legislation active.MS PSC DNC regulations adopted 6/19/2003.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
MISSOURI Yes Quarterly 1,173,928 No http://www.ago.state.mo.us/nocalllaw.htm 8:00AM - 9:00PM $5,000 per infraction
DNC list effective as of 7/1/2001.Legislative News:active legislation includes HB 157, which creates a more restrictive definition of "existing business relationship" for DNC list exemption purposes (no movement), and several bills restricting unsolicited commercial email active as well (SB 228 sent to Governor on 5/21/2003.)
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
MONTANA No Quarterly None No http://www.state.mt.us 8:00AM - 9:00PM $5,000 per knowing infraction
No DNC list active.Legislative developments:HB 424 signed into law 5/9/03 -- creates a DNC list to be launched by 1/1/2004, free to consumers, requires state information to be included in any federal DNC list) (competing versions; in conference committee); HB 637, which restricts unsolicted faxes, signed by Governor on 4/14/03.SB 277 (prohibits autodial calls) (died in committee); SB 308 (regulates political calls, gives state right to disapprove scripts, requires registration of out-of-state telemarketers, non-profit callers must inform consumers of % retained; and prohibiting use of automatic dialers) (died in process); and HB 710 (restricts certain email messages).
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
NEBRASKA No Proposed Quarterly None No http://www.unicam.state.ne.us 8:00AM - 9:00PM Proposed $2,000 per infraction
No DNC list active.Legislative News:active legislation includes   LB 113 (enacting authorization requirements for credit card charges - no movement to report); LB 553 (postponed indefinitely) and LB 743 (creating a DNC list; prohibiting blocking caller ID; any federal list info to be included on NE DNC list - 4/14/03:placed on select file as amended; reported favorably).
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
NEVADA No Quarterly None No http://www.state.nv.us 9:00 AM - 8:00 PM Up to $10,000 per infaction
No DNC list active.Legislative News:AB 232 creating a DNC list in Nevada signed by Governor on 6/10/03.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
NEW HAMPSHIRE No Proposed Quarterly None No http://www.gencourt.state.nh.us 8:00AM - 9:00PM Proposed $2,000 per infraction
No DNC list active.Legislative developments:HB 109 (establishing DNC list to be administered by the consumer protection and antitrust bureau of the NH department of justice) (passed House on 4/17/03; passed Senate with amendment on 5/16/2003); HB 364 (regulating use of pre-recorded messages for political purposes - Passed House on 4/10/03.)No movement on either HB 141 (prohibiting use of automatic dialers), HB 332 ((regulating use of pre-recorded messages for political purposes), or HB 648 (regulating paid political calls).SB 98,prohibiting telemarketers from contacting anyone on Federal list in conference committee as of 5/29/2003.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
NEW JERSEY No Quarterly None No http://www.state.nj.us/ 8:00AM - 9:00PM $10,000 for initial infraction and $20,000 per infraction thereafter
No DNC list active.Legislative News:   AB 727 signed by Governor on 5/21/2003.Establishes a state no-call list, with no exemptions other than existing biz relationships and express written request; contains provision requiring that the state prove telemarketing violations were part of a "pattern and practice" of violations in order to impose maximum penalties; also provision banning calls to distinguishable wireless numbers.List to be maintained by State Consumer Protection Agency or 3rd party vendor.Other bills include:SB 1881 (prohibiting unsolicited telemarketing calls to cell phones); AB 2721 (prohibiting unsolicited faxes).Many bills relating to regulation of unsolicited commercial email still active.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
NEW MEXICO No As Per Federal Rules None No http://www.state.nm.us 9:00AM - 9:00PM $500 per infraction
No DNC list active.Legislative News:SB 573, adopting FTC list but creating separate and more restrictive New Mexico DNC program signed by Governor on April 5, 2003.SB 699, prohibiting unsolicited emails and faxes also signed on 4/5/03.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
NEW YORK Yes Quarterly 2,411,274 No http://www.nynocall.com 8:00AM - 9:00PM $5,000 per infraction
DNC list effective as of 4/1/2001.   Legislative developments:AB 2266 would prohibit sending of unsolicited faxes except where a prior business relationship exists (passed Assembly on 6/4/2003);no movement to report on following bills:AB 1577 would restrict calling hours to 8 AM to 8 PM; AB 1292, creating a do-not-mail and do-not-email statewide list; AB 2453 would prohibit use of automatic dialers; AB 2475 would include unsolicited transmissions of any sort in the no telemarketing sales calls statewide registry; AB 3124 would add cell phones and faxes to DNC registry; AB 3389 would restrict unsolicited electronic communications; AB 357 would increase restrictions on the sending of unsolicited faxes; AB 709 would allow persons who wish not to receive unsolicited emails to put their email address on the telemarketing sales calls statewide registry; SB 1083 would require professional fund raiser to disclose at the time of solicitation the % of contributions that go to the charitable organization; SB 128 would allow consumers to put their fax numbers on the statewide DNC registry; SB 1680 creates "in-house" list requirements for email senders; AB 6991, creating "no mail" list; AB 7984, further defining existing customers for purposes of DNC list; SB 3861, prohibiting telephonic solicitation between 5 PM and 8 PM; AB 8126, creating "no credit card solicitation" registry; SB 4497, restricting predictive dialer calls.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
NORTH CAROLINA No None None No http://www.ncga.state.nc.us 8:00AM - 9:00PM None
No DNC list active.Legislative News:SB 353, requiring that charitable solicitors disclose % received by sponsoring organization, passed Senate on 4/1/03; SB 799, regulating situations involving pre-acquired account information, passed Senate 4/17/03; SB 991, requiring that State government only use citizens of US to conduct telemarketing (passed Senate 5/1/2003); SB 872, increasing protections for telephone subscribers wishing to stop unwanted telephone solicitations (passed Senate); SB 900, increasing penalties for telephone solicitation violations; and HB 833, requiring charitable solicitors disclose % of funds received by sponsoring organization if asked by person solicited.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
NORTH DAKOTA No TBD None No http://www.ag.state.nd.us/nocall/Nocall.htm 8:00AM - 9:00PM $2,000 per infraction
No DNC list active.Legislative News:SB 2255, creating DNC program in ND, signed by Governor 4/17/03.Attorney General given responsibility for establishing DNC registry.May contract with an agent to establish/maintain list (in which case AG may share DNC info with FTC list), or by opting to use the FTC national list.HB 1388 (regulating commercial email solicitation - signed by Governor 4/11/03).
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
OHIO No Proposed Quarterly None No http://www.state.oh.us 8:00AM - 9:00PM Proposed up to $500 plus per infraction
No DNC list active.Legislative News:active legislation in current session includes:SB 28, authorizing Attorney General to enact a DNC list in OH (either adopt federal or create a state-run registry) (passed Senate; in House committee on Civil and Commercial Law); HB 14, SB 301, and SB 29, authorizing Attorney General to create a state-run DNC program.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
OKLAHOMA Yes Quarterly 498,446 No http://www.oag.state.ok.us/oagweb.nsf/Telemarketer!OpenPage 8:00AM - 9:00PM Between $500 and $1,500 per infraction
DNC list effective as of 1/1/2003.Legislative News: active legislation includes   HB 1271 (deleting requirement to put consumer names on DNC registry; forward OK DNC names to Fed list) signed by Governor on 6/3/2003.HB 1630, and SB 240 (conflicting versions passed; in Conference Committee), revising certain requirements for registering on OK DNC list; HB 1691 (regulates email; signed by Governor on 5/28/2003); SB 351 (Conference committee), and SB 660 (signed by Governor on 4/22/03), regulating unsolicited commercial email.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
OREGON Yes Quarterly 120,135 No http://www.ornocall.com 8:00AM - 9:00PM Up to $25,000 per infraction
DNC list effective as of 1/1/2000.Oregon allows companies to fax unsolicited advertisements until they are told to stop by recipients - "in-house" do-not-fax list.Legislative News:no movement to report on the following bills -- SB 121 (creating Do Not Email list); SB 261 (regulating email transmissions); SB 262 (includes fax numbers on DNC registry); SB 375 (expands DNC program to non-residential numbers); other legislation impacting email also pending.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
PENNSYLVANIA Yes Quarterly 2,288,802 Yes http://www.nocallsplease.com/?dsftns=31725 8:00AM - 9:00PM $1,000 per infraction; $3,000 if involving consumer age 60 or older
DNC list effective as of 7/1/2002.DMA list used by PA, blocking Caller ID prohibited.Legislative developments:no movement to report on the following bills -- HB 276 (laid on table) and SB 215 (amending the Telemarketer Registration Act); and SB 375 (relating to telephone solicitations).
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
RHODE ISLAND No Proposed Quarterly None No http://www.state.ri.us/ 9:00AM - 6:00PM (10:00AM to 5:00PM, Saturdays; no calls on Sundays) Proposed $500 for first infraction with $1,000 for each subsequent infraction
No DNC list active.Legislative News:active legislation includes HB 5767, SB 160 and HB 5896 (creating DNC list - HB 5896 passed House on 5/7/2003); HB 5911 (prohibiting unsolicited text messaging to cell phones/pagers - passed House on 5/7/2003); and HB 5033 (changing hours of operation for telemarketers).
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
SOUTH CAROLINA No Proposed Quarterly None No http://www.myscgov.com/SCSGPortal/static/home_tem4.html 8:00AM - 9:00PM Proposed $500 for first infraction with $2,500 for second infraction and $5,000 for each subsequent infraction
No DNC list active.Legislative News:active legislation includes   HB 3012, HB 3013, HB 3040, HB 3119, and SB 227 (creating a statewide DNC list - no movement to report on these bills); and HB 3140 (creating a Do Not Email list - no movement).Under 3140, state ISP's have to create and administer the no-spam list; list funded from subscription charges to emailers, and fines from offenders.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
SOUTH DAKOTA No Quarterly None No http://www.sddonotcall.com/ 9:00AM - 9:00PM w/ No Sundays $5,000 per infaction
SB 41 signed by Governor on March 20, 2003.SD DNC website states:""South Dakota is partnering with the Federal Trade Commission (FTC) to sign up South Dakota residential telephone subscribers on the National "do not call' registry."Other legislative developments:SB 33 (revising certain exemption provisions of existing telemarketing regulations) also signed into law as of 3/7/2003.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
TENNESSEE Yes Monthly 855,187 No http://www2.state.tn.us/tra/nocall.htm 8:00AM - 9:00PM $2,000 per infraction
DNC list effective as of 7/1/2000.Legislative developments:HB 511 and SB 39 (regulating unsolicited faxes - SB 39 signed by Governor on 4/11/03); HB 1208 (directing TVA to create registry for persons not wanting to receive unsolicited emails) (in committee on Government Operations); HB 1753 (requires charitable solicitors to disclose how much of money donated goes to charity -- recommended for passage in House.)SB 613, related to demand drafts, signed by Governor on 4/29/2003.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
TEXAS Yes Quarterly 887,045 No http://www.texasnocall.com 9:00AM - 9:00PM & 12:00PM - 9:00PM on Sundays $1,000 per infraction, but $3,000 per infraction if determined solicitor willfully violated the law
DNC list effective as of 1/1/02.State do-not-call registry has been compiled by Texas Public Utilities Commission (PUC).Legislative developments:HB 147 applies no-call list provisions to cell phones (to Governor on 5/27/2003);HB 149 relates to privacy of DNC list information and establishes a State DNC list commission (to Governor on 5/27/2003); no activity to report on -- HB 519 (restricts unsolicited commercial email); HB 853 and SB 298 (create a Do Not Email list.)HB 2047, which restricts transmission of unsolicted messages or images to cell phones/pagers introduced as of 3/10/03.Other bills related to emails(HB 1282 to Governor on 6/2/2003) and political fundraising active.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
UTAH No TBD None No http://www.commerce.utah.gov/dcp/donotcall/overview.html 8:00AM - 9:00PM; no calls Sundays or legal holidays. $500 per infraction
SB 194, creating DNC list, signed into law on 3/21/2003.List to be adminstered by Consumer Protection Division.Other legislative developments:no movement to report on HB 327 (amending email spam law).
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
VERMONT Yes Quarterly 29,970 Yes http://www.sec.state.vt.us/tutor/dobiz/forms/teleinfo.htm 8:00AM - 9:00PM $500 for first infraction with $1,000 for each subsequent infraction
DNC list effective as of 7/1/2002.Vermont DNC list makes use of DMA's Telephone Preference Service.Legislative News:no legislation impacting telemarketing pending.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
VIRGINIA No Proposed Quarterly None No http://www.vipnet.org/cmsportal/ 8:00AM - 9:00PM None
No DNC list active.Legislative developments:HB 1112, HB 2311, SB 423, and SB 918 (creating Statewide DNC registry run by Consumer Affairs in Dept. of Agriculture and Consumer Services - no movement on any of these bills); HB 2618 (relating to faxes) (passed Senate); and SB 925 (expanding the Telephone Privacy Protection Act to prohibit text messaging advertising to cell phone or pagers) (passed by indefinitely.)
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
WASHINGTON No Proposed Quarterly None No http://www.access.wa.gov/ 8:00AM - 9:00PM None
No DNC list active.Legislative News:active legislation includes   SB 5033 (creating a DNC list - no movement to report); HB 1885 and SB 5734 (regulating emails - no movement on either).HB 2007, prohibiting unsolicited commercial text messages signed by Governor on 5/7/2003.
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
WEST VIRGINIA No Proposed Quarterly None No http://www.legis.state.wv.us/ 8:00AM - 9:00PM None
No DNC list active.Legislative News:active legislation in current session includes:No movement on the following bills:HB 2432, HB 2944, HB 3029, and SB 115 (creating DNC list); HB 2454 (calling time restrictions); HB 2958 (creating a credit card Do Not Solicit list); and HB 2537 (creating criminal penalty for transmitting bulk emails which are unsolicited.)
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
WISCONSIN Yes Quarterly 1,126,417 No https://nocall.wisconsin.gov/web/includes/help/telemarketerfaq.asp 8:00AM - 9:00PM Fines range from $1,000 - $10,000 per infraction
DNC list effective as of 1/1/2003.DNC list maintained by Department of Agriculture, Trade and Consumer Protection.Legislative News:one active bill in current legislative session - SB 36, restricting unsolicited emails (no movement to report.)
State Posted Updated Enrollment DMA List Webpage Calling Hour Restrictions Penalties
WYOMING Yes Quarterly 8,589 Yes http://attorneygeneral.state.wy.us/nocallB.htm 8:00AM - 9:00PM (as of 7/1/2003, 8 AM to 8 PM) $2,500 per infraction
DNC list effective as of 7/1/2001.The Direct Marketing Association (DMA) list is recognized by Wyoming as its official state Do-Not-Call list.Legislative News:HB 53, signed by Governor on February 26, 2003, setting calling time hours between 8:00 AM and 8:00 PM (effective as of July 1, 2003).
DISCLAIMER
State specific Do-Not-Call legislation is continually changing. Amendments, adjournment of committee, majority defeat by the legislative body and/or veto by the governor’s office, among many others, can all affect the immediate status of proposed legislation on its way to becoming law. As a result, Access Point strongly recommends consulting your legal department regarding the ever-changing Do-Not-Call rules and regulations for each state.
 
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