Do Not Call Rules

The National Do Not Call Registry

The FTC runs the registry. Consumers can register both home and cell numbers for free at DoNotCall.gov.

1. Registration lasts. The FCC rule says registrations "must be honored indefinitely" or until the number is removed. The FTC says numbers come off only if they are disconnected and reassigned, or if the consumer asks.
2. Scrub every 31 days. The safe harbors in both rules require using a version of the registry obtained no more than 31 days before the call.
3. Wireless numbers count. The FCC applies its do-not-call rules to telephone solicitations and telemarketing calls or text messages to wireless numbers. See § 64.1200(e).
4. Business numbers are not covered. The FTC says the registry protects personal numbers, not business lines.

Company-specific (internal) do-not-call lists

Any company making telemarketing calls must maintain its own list. Under § 64.1200(d), the minimum standards are:

1. a written do-not-call policy available on demand;
2. training for everyone involved in telemarketing;
3. recording each request and honoring it within a reasonable time (not more than 10 business days);
4. identifying the caller: the name of the individual caller, the seller, and a phone number or address where the seller can be contacted;
5. applying a request to the seller and its affiliates if the consumer would reasonably expect them to be included;
6. honoring each request for five years from the time it is made.

The TSR has a corresponding rule. It prohibits calling anyone who has indicated that they do not want calls from or for that seller (§ 310.4(b)(1)(iii)(A)).

Exceptions to the national registry rule

You may call a number on the national registry if:

1. You have an established business relationship (EBR). Under the FCC rule, an EBR lasts 18 months after the consumer's last purchase or transaction and three months after an inquiry or application. Under the TSR, the windows are 540 days and 90 days. A do-not-call request to the seller terminates the EBR for calling purposes.
2. You have the consumer's written permission. Under the FCC rule, this must be a signed written agreement naming the number. The TSR uses an "express agreement, in writing."
3. The call is not a telephone solicitation. Calls that do not encourage a purchase are outside the do-not-call rules. Calls by or for tax-exempt nonprofits are excluded from the TCPA definition. Under the TSR, charitable solicitations by for-profit telemarketers are exempt from the national registry rule but must honor company-specific requests.

Political calls, surveys, and debt collection Political calls, surveys and debt collection are not sales calls, and the national registry does not stop them. Other rules including the TCPA's limits on robocalls to cell phones still apply.

The safe harbor

Under § 64.1200(c)(2), a seller making a call to a registered number by mistake has a safe harbor if it can demonstrate that as part of its routine business practice, it:

1. has written procedures for do-not-call compliance;
2. trains its personnel on them;
3. keeps a recorded list of numbers it may not contact;
4. uses a registry version no more than 31 days old;
5. uses a process to prevent calls to registered numbers, keeps records of that process and does not use the registry for any purpose other than compliance.

The seller must also demonstrate that the call was the result of error.

The TSR has a similar safe harbor at § 310.4(b)(3).

Calling hours

Both rules prohibit telephone solicitations before 8 a.m. or after 9 p.m., in the called party's local time. See § 64.1200(c)(1) and § 310.4(c). Many states are stricter.

Who can sue, and for how much

Under § 227(c)(5), anyone who received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the do-not-call rules may sue for up to $500 per violation. A court may treble damages for willful or knowing violations. The defendant has an affirmative defense if it demonstrates that it had reasonable practices and procedures in place.

Texts and § 227(c)(5). In Steidinger v. Blackstone Medical Services (July 14, 2026), the U.S. Court of Appeals for the Seventh Circuit held that text messages are not "telephone calls" under § 227(c)(5). The opinion is binding in the federal courts of Illinois, Indiana, and Wisconsin. It does not affect the FCC's rule or state statutes that cover texts.

State do-not-call lists

Several states maintain their own lists or adopt the national list by reference. State laws may also impose registration duties, stricter calling hours, and call-frequency limitations. See our state telemarketing laws guide.

The bottom line

Scrub against the national registry at least every 31 days. Keep a real internal list and honor requests within 10 business days. Document your EBRs and written permissions. That is also what the safe harbors require.