North Dakota Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

North Dakota's telemarketing law is Chapter 51-28 of the North Dakota Century Code (N.D.C.C.), "Telephone Solicitations." It is one of the more demanding state regimes. The chapter covers voice, text and other electronic communications over any kind of telephone line, including wireless and VoIP. It bars solicitations to numbers on the state do-not-call list or the Federal Trade Commission (FTC) National Do Not Call Registry after 31 days. It requires each caller to give their true first and last name, telephone number, and city and state at the start of every solicitation call. It bars prerecorded or synthesized voice messages unless the subscriber has consented or a live operator first obtains consent. It also prohibits caller ID spoofing, backed by a separate statutory damages remedy of $5,000 to $10,000 per call.

Enforcement runs through the Attorney General, who may issue cease and desist orders, impose administrative penalties, and sue under both Chapter 51-28 and the state's consumer fraud law, Chapter 51-15. Any person who receives a solicitation or message in violation of the chapter may sue for actual damages or up to $2,000 per violation, plus costs and attorney fees. Private and public actions are subject to a short one-year limitations period. The United States Court of Appeals for the Eighth Circuit upheld the chapter's treatment of charitable solicitations against a First Amendment challenge in 2005.

Key statutes

Detailed provisions

Definitions and scope

Section 51-28-01(8) defines "Telephone solicitation" as:

"Telephone solicitation" means any voice, text, or other electronic communication over a telephone line for the purpose of encouraging charitable contributions, or the purchase or rental of, or investment in, property, goods, services, or merchandise, including as defined in subsection 3 of section 51-15-01, whether the communication is made by a live operator, through the use of an automatic dialing-announcing device, or by other means.

"Merchandise," borrowed from the consumer fraud chapter, includes "any objects, wares, goods, commodities, intangibles, real estate, charitable contributions, or services" (§ 51-15-01(3)).

A "Telephone line" means "a telephone service to a subscriber, regardless of the technology used to provide such service, including traditional wireline or cable telephone service; cellular, broadband PCS, or other wireless telephone service; microwave, satellite, or other terrestrial telephone service; and voice over internet protocol telephone service" (§ 51-28-01(7)). A "Subscriber" is "a person who has subscribed to a residential telephone line or the other persons living or residing with the subscribing person" (§ 51-28-01(6)).

A "Message" is "any telephone call, including voice, text, or other electronic communication, regardless of its content" (§ 51-28-01(5)). The private right of action covers any "telephone solicitation or message" in violation of the chapter.

A "Caller" means "a person, corporation, firm, partnership, association, or legal or commercial entity that attempts to contact, or that contacts, a subscriber in this state by using a telephone or a telephone line" (§ 51-28-01(2)). The chapter therefore applies to out-of-state callers who reach North Dakota subscribers.

Established business relationship. Under § 51-28-01(4), an established business relationship is "a relationship between a seller and consumer based on a free trial newspaper subscription or on the consumer's purchase, rental, or lease of the seller's goods or services or a financial transaction between the consumer and seller, within the twenty-four months immediately preceding the date of a telemarketing call." This window is longer than the federal 18 months. Unlike federal law, the state definition does not include a 3-month inquiry-based relationship.

Exemptions from "telephone solicitation"

Under § 51-28-01(8), telephone solicitation does not include communications:

• "To any subscriber with that subscriber's prior express written request, consent, invitation, or permission";
• "By or on behalf of any person with whom the subscriber has an established personal or business relationship";
• by or on behalf of a section 501 tax-exempt charitable organization, but only if "The telephone call is made by a volunteer or employee of the charitable organization" and the caller "immediately discloses" their "true first and last name" and the organization's name, address and telephone number;
• by pollsters "unless the communication is a text message";
• by an individual who does not complete the sale on the call but will complete it at a later face-to-face meeting, "unless the communication is a text message"; and
• "By or on behalf of a political party, candidate, or other group with a political purpose, as defined in section 16.1-08.1-01, unless the communication is a text message."

The text-message carve-backs are distinctive. Polling, face-to-face-appointment and political communications are exempt when made by voice but remain "telephone solicitations" when sent as texts. Charitable calls by paid outside fundraisers are not exempt.

Do-not-call

Section 51-28-06 provides:

A caller may not make or cause to be made any telephone solicitation to the telephone line of any subscriber in this state who, for at least thirty-one days before the date the call is made, has been on the do-not-call list established and maintained or used by the attorney general under section 51-28-09 or the national do-not-call registry established and maintained by the federal trade commission under title 16, Code of Federal Regulations, part 310.

The Attorney General "shall establish and maintain a list of telephone numbers of subscribers who object to receiving telephone solicitations," and may do so by "using the national do-not-call registry" (§ 51-28-09(1)). The Attorney General may also "designate the national do-not-call registry ... as the state do-not-call list" (§ 51-28-09(2)). A state-list notice "is effective for five years unless revoked by the subscriber" (§ 51-28-09(1)(b)). The fee for access to the state list "may not exceed two hundred dollars per quarter, or eight hundred dollars per year" (§ 51-28-09(1)(f)). Information on the list "may not be used for any purposes except compliance with this chapter or in a proceeding or action under this chapter or chapter 51-15" (§ 51-28-10).

Because consent and established business relationships take a communication outside the definition of "telephone solicitation," they also operate as exceptions to the do-not-call prohibition. The consent must be "prior express written" consent. The statute does not specify the form of the writing.

Caller identification and disclosures

Section 51-28-07 provides: "Any caller who makes a telephone solicitation to a subscriber in this state shall immediately and clearly state at the beginning of the call the caller's true first and last name, the caller's telephone number, the caller's city and state of location, and the name of the business on whose behalf the telephone solicitation is made." Federal rules require the caller's name, the seller's name, and a contact telephone number or address. North Dakota also requires the individual's true full name and the city and state from which the call is made.

Prerecorded and synthesized voice messages

Section 51-28-02 provides:

A caller may not use or connect to a telephone line an automatic dialing-announcing device or deliver a prerecorded or synthesized voice message to a subscriber unless the subscriber has knowingly requested, consented to, permitted, or authorized receipt of the message or the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered.

The prohibition applies to any prerecorded or synthesized voice message, not only sales messages. It is subject to exceptions for "a message from a public safety agency notifying a person of an emergency; a message from a school district to a student, a parent, or an employee; a message to a subscriber with whom the caller has a current business relationship; or a message advising an employee of a work schedule." The reference to "synthesized" voice messages reaches artificial and AI-generated voices.

An "Automatic dialing-announcing device" is "a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called" (§ 51-28-01(1)).

Live-operator disclosures. When a live operator introduces the message, "the operator must disclose at the outset of the message" the name of the entity for which the message is made, "The purpose of the message," "The identity or kinds of goods or services the message is promoting," and "If applicable, the fact that the message intends to solicit payment or commitment of funds" (§ 51-28-03).

Equipment requirements. Under § 51-28-04, the device must be "designed and operated so as to disconnect within ten seconds after termination of the telephone call by the subscriber." A device that "uses a random or sequential number generator" must exclude emergency numbers, hospital and care-facility rooms, paging, cellular and other services "for which the called party is charged for the call," and numbers on the do-not-call list.

In State ex rel. Stenehjem v. FreeEats.com, Inc., 2006 ND 84, 712 N.W.2d 828, the North Dakota Supreme Court rejected the argument that applying § 51-28-02 to interstate political polling calls was preempted by federal law and concluded that the state restriction on automatic dialing-announcing devices is not preempted. An official copy of the opinion was not obtained for this page, so it is not discussed further.

Calling hours

Section 51-28-05 provides: "A caller may not use an automatic dialing-announcing device nor make any telephone solicitation before eight a.m. or after nine p.m. at the telephone subscriber's location."

Caller ID blocking and spoofing

Under § 51-28-08, a caller making a telephone solicitation "may not knowingly use any method to block or otherwise deliberately circumvent the subscriber's use of a caller identification service."

Section 51-28-08.1, which was added in 2019, goes further and applies to any person, not only solicitors:

1. A person may not, in connection with any telecommunications service or internet protocol enabled voice service, knowingly cause any telephone caller identification system to:

a. Transmit misleading or inaccurate caller identification information with the intent to defraud or cause harm; or

b. Use or display a telephone number the caller does not own or has not received consent to use from the owner of the telephone number.

Paragraph (b) contains no intent element. Displaying a number the caller neither owns nor has permission to use is itself unlawful. "Defraud" is defined broadly as "taking anything of value, including money, property, or time, without consent from the recipient of a call" (§ 51-28-08.1(5)(c)). The exceptions cover blocking caller ID, law enforcement and intelligence agencies, carriers acting as intermediaries, court-authorized activity, and "A caller who, based on the telephone number called, reasonably believes the recipient of the call is not physically within the state" (§ 51-28-08.1(2)).

The spoofing remedy is substantial. If the plaintiff prevails, "the court must award the plaintiff the plaintiff's actual damages or damages in an amount not less than five thousand dollars and not more than ten thousand dollars per violation, whichever is greater. Each call is a separate violation under this chapter. The court shall award the plaintiff's costs, expenses, and reasonable attorney's fees" (§ 51-28-08.1(3)). A violation is also "guilty of a class A misdemeanor" (§ 51-28-08.1(4)).

Enforcement and remedies

Private action. Section 51-28-11 provides:

Any person who receives a telephone solicitation or message in violation of this chapter may bring an action to enjoin such violation, or for damages, or both. The court may award the plaintiff the plaintiff's actual damages or damages up to two thousand dollars for each violation, whichever is greater. The court may award the plaintiff costs, expenses, and reasonable attorney's fees. This section shall not limit any other claims the person may have against the caller.

Under § 51-28-19, "each telephone solicitation or message shall constitute a separate violation." Private plaintiffs and the Attorney General may sue "in either the county of the telephone subscriber's residence or Burleigh County" (§ 51-28-22).

Limitations. Section 51-28-12 provides that no action may be brought "More than one year after the person bringing the action knew or should have known of the alleged violation" or "More than one year after the termination of any proceeding or action by the attorney general, whichever is later." This one-year period is far shorter than the four-year federal catch-all limitations period that applies to TCPA claims.

Attorney General. The Attorney General has "all powers provided in this chapter or chapter 51-15" (§ 51-28-13). Those powers include:

• cease and desist orders issued "without notice and hearing" (§ 51-28-14);
• administrative civil penalties "not more than two thousand dollars for each violation" (§ 51-28-15);
• court-imposed civil penalties "of not more than two thousand dollars per violation of this chapter" (§ 51-28-17); and
• recovery of fees and investigation costs (§§ 51-28-16, 51-28-18).

Under § 51-28-17, "A violation of this chapter constitutes a violation of chapter 51-15 and the court may award civil penalties under section 51-15-11." Section 51-15-11 allows "a civil penalty of not more than five thousand dollars for each violation."

How North Dakota differs from federal law

North Dakota is stricter than federal law in its full-name and location disclosure, its consent-or-live-operator rule for all prerecorded and synthesized messages, its coverage of political and polling texts, its narrow charitable exemption, its owner-consent caller ID rule with $5,000 minimum damages, and its per-violation private damages of up to $2,000. It is narrower in two respects. The one-year limitations period is short, and there is no inquiry-based established business relationship.

Notable case law

Fraternal Order of Police, North Dakota State Lodge v. Stenehjem, 431 F.3d 591 (8th Cir. 2005) Fraternal Order of Police v. Stenehjem (8th Cir. 2005) opinion. Nonprofit organizations that use professional fundraisers challenged Chapter 51-28. Its charitable exemption applies only when "the telephone call is made by a volunteer or employee of the charitable organization." The district court had invalidated that part of the law, and the Eighth Circuit reversed.

The court held that "it is evident that the Act is content neutral." It reasoned that "Because solicitation may reasonably be viewed as more invasive than advocacy, we conclude that the Act is a content-neutral regulation." Applying intermediate scrutiny, it found residential privacy to be a significant interest and the law narrowly tailored. It concluded "that the Act does not substantially limit charitable solicitation," because charities and their agents can still advocate to registered residents and solicit by other means. The court also rejected the overbreadth challenge: "The North Dakota statute does not present that danger." One judge dissented.

The decision remains the leading authority confirming that North Dakota may apply its do-not-call list to paid charitable fundraisers.

Recent amendments

• No amendment to Chapter 51-28 was located in the 2023 or 2025 regular-session laws. The "Sales and Exchanges" chapters of the 2023 and 2025 session laws contain no section of Chapter 51-28, and no other amending bill was identified. The current official Century Code text was used for this page.
• The caller ID spoofing provision, § 51-28-08.1, was created by House Bill 1161 in 2019, before the 2023-2026 review window.

Practical compliance checklist

• Treat every voice call, text and other electronic message to a North Dakota number as potentially covered, including wireless and VoIP lines. Scrub against the National Do Not Call Registry, and any state list the Attorney General maintains, at least every 31 days.
• Rely on the exemptions only with documentation. Keep prior express written consent, or evidence of a purchase or transaction within 24 months. An inquiry alone does not establish a relationship under § 51-28-01(4).
• Do not assume political, polling or appointment-setting texts are exempt. Under § 51-28-01(8), they are telephone solicitations when sent as text messages.
• Script every solicitation call to open with the caller's true first and last name, the caller's telephone number, the caller's city and state, and the business on whose behalf the call is made (§ 51-28-07).
• Do not deliver prerecorded or synthesized voice messages, including AI voices, without the subscriber's knowing consent or a live operator who first obtains consent and gives the § 51-28-03 disclosures. Configure dialers to disconnect within 10 seconds.
• Limit solicitations and all auto-dialer use to 8 a.m. through 9 p.m. at the subscriber's location.
• Display only telephone numbers you own or are authorized to use, and never block caller ID. Spoofing exposes the caller to $5,000 to $10,000 per call (§ 51-28-08.1).
• Paid charitable fundraisers must honor the do-not-call list. Only volunteer and employee calls that make the required disclosures are exempt.
• Track complaints promptly. The one-year limitations period in § 51-28-12 also shortens the window for preserving records relevant to defense.

References

• N.D.C.C. Chapter 51-28 (Telephone Solicitations), North Dakota Legislative Branch: https://ndlegis.gov/cencode/t51c28.pdf
• N.D.C.C. Chapter 51-15 (Consumer Fraud and Unlawful Credit Practices): https://ndlegis.gov/cencode/t51c15.pdf
• North Dakota Session Laws 2025, Sales and Exchanges: https://ndlegis.gov/assembly/69-2025/session-laws/documents/sales.pdf
• North Dakota Session Laws 2023, Sales and Exchanges: https://ndlegis.gov/assembly/68-2023/session-laws/documents/sales.pdf
• House Bill 1161 (2019), engrossment with Senate amendments: https://ndlegis.gov/assembly/66-2019/documents/19-0367-03000.pdf
• Fraternal Order of Police v. Stenehjem, 431 F.3d 591 (8th Cir. 2005): http://media.ca8.uscourts.gov/opndir/05/12/033848P.pdf ; https://storage.courtlistener.com/pdf/2005/12/07/fraternal_order_of_v._wayne_stenehjem.pdf
• 47 C.F.R. § 68.318, eCFR: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-68/subpart-D/section-68.318
• North Dakota Attorney General, Consumer Protection and Antitrust Division: https://attorneygeneral.nd.gov/consumer-resources/
• 47 C.F.R. § 64.1200, eCFR: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 16 C.F.R. Part 310 (Telemarketing Sales Rule), eCFR: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310
• 47 U.S.C. § 227, govinfo: https://www.govinfo.gov/app/details/USCODE-2023-title47/USCODE-2023-title47-chap5-subchapII-partI-sec227

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.