|
|
| 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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