If you're a telemarketer, you must adhere to national and state Do Not Call lists. This can get complicated-especially if you make calls in multiple states. State Do Not Call list law can deviate from the national version. If you're calling across state lines, here are a few things to know about state Do Not Call lists.
Fees. State Do Not Call lists can carry heavy financial penalties for violation. The usual amount is between $1,000 and $5,000 per state Do Not Call list infraction. The least expensive states to violate a state Do Not Call list law in appear to be Maine and Mexico, where you'll only be charged $500 per infraction. The state Do Not Call lists in Nevada, Florida, New Jersey, and New York are expensive to violate, with fees either ending or starting at around $10,000 per infraction. Oregon has the most expensive fines of all for violating their state Do Not Call list, at $25,000 per violation.
Extra protection for seniors. The state Do Not Call lists in Louisiana and Pennsylvania carry stiffer fines if you call a senior-over age 65 in Louisiana, and over age 60 in Pennsylvania. Surprisingly, Florida's state Do Not Call list carries no such extra protections.
Knowing violations. Some states, such as Montana and Texas, look at whether you knowingly violated their state Do Not Call lists when assessing fines. Montana charges per knowing infraction of their state Do Not Call list. Texas charges triple the amount per infraction if it's found you willfully violated their state Do Not Call list laws.
Jail time. In Michigan, you'll be charged with a misdemeanor if you violate state Do Not Call list law. You could also spend six months in jail.
Subscription fees. States that have their own state Do Not Call list, separate from the FTC's, require you to acquire the list at varying prices. Some states don't charge for their state Do Not Call lists. Minnesota allows companies required to register with the FTC to skip registering and buying their state Do Not Call list. Missouri charges $50 per area code, with a $1,200 cap, for their state Do Not Call list. Telemarketing companies in Colorado must subscribe to the state Do Not Call list and pay a fee assessed based on the amount of employees working for the company.
Whose list? You're required to scrub your list against state Do Not Call lists every three months. Some states keep their own state Do Not Call list, some use the FTC's as their state Do Not Call list-meaning you won't have to scrub twice-and a couple use the Direct Marketing Association's list as their state Do Not Call list. Among those that keep their own state Do Not Call list, some are kind enough to share with the FTC-again, so you won't have to scrub twice.
Some states don't have a state Do Not Call list. Delaware, D.C., Kansas, Maryland, Washington State, West Virginia, Iowa, Nebraska, South Carolina, and Rhode Island do not have a separate state Do Not Call list or separate state laws.
Existing business relationships. Some states include face-to-face contact as an existing business relationship that allows an exemption from the state Do Not Call list. Some state Do Not Call lists don't accept it. In Michigan, it's illegal to misrepresent an existing business relationship in an answering machine message.
Caller ID. Some states make it illegal to block caller ID on customers' phones. Minnesota requires that nonprofits, political parties, and other calls allowed under their state Do Not Call list identify themselves via caller ID. New Jersey requires that all callers identify themselves accurately within the first 30 seconds of a call.
Important disclaimer: We're not lawyers. This information was researched to the best of our ability, but state laws are continually changing. We strongly encourage you to consult a lawyer if you have questions about your state Do Not Call compliance.
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