- Colorado (enacted July 2002*)
- Maine (sellers must obtain and abide by DMA's Telephone Preference Service Do-Not-Call list)
- Massachusetts ** (applies to all calls made using autodials that use random or sequential dialing and which are capable of delivering a recorded message)
- Minnesota (2003)
- New York
- Oklahoma (July 2002)
- Pennsylvania (May 2002)
- Wyoming (Prohibits telemarketers from calling anyone who has been listed on the DMA Telephone Preference Service Do-Not-Call list for more than 60 days.)
* Specifically exempts calls for the purpose of conducting political polling or soliciting the expression of opinions.
**Massachusetts’ law may implicate research by requiring that all calls made using auto dialers that use random or sequential dialing, and which are capable of delivering a recorded message, must comply with the state-compiled do-not-call lists. The above-mentioned states have External DNC Laws, meaning: a state compiled DNC registry that telemarketers must adhere to.
In addition -- California and New Jersey require telephone companies in those states to provide consumers with information on state and federal telemarketing laws.
North Carolina has an internal DNC law, meaning it requires telemarketers to comply with an individual’s request to do-not-call and telemarketers must maintain their own list.
- Establishes a statewide database of individuals who do not wish to receive solicitations. Consumers can sign up through their state consumer affairs or State Attorney General’s office.
- The state laws supercede and can be more restrictive than the federal Telemarketing Sales Rule (For Businesses: www.ftc.gov/ftc/business.htm; For Consumers: www.ftc.gov/ftc/consumer.htm)
- A state may be more restrictive by requiring identification of this purpose "immediately" or "prior to providing any other information," etc.
- They may also impose greater penalties on violators, etc.
State laws can regulate just those calls originating from that particular state, OR alternatively calls made to residents in that particular state OR both calls to and from the particular state.
It is important to check the policy of each state individually.
To access each state's information, visit the state web sites http://www.state.(two letter abbreviation).us. Next locate the State Attorney General's office. Most states have Do-Not-Call regulations in the Consumer Protection area of the Web site.
State "Do Not Call" lists have caused confusion and concern on the part of both respondents and opinion and marketing research companies.
- Respondents have not realized the "Do Not Call" list does not cover research.
- It is directed at telemarketers and other sales-generation business.
- States have been issuing Violations Notices to MRA members without knowledge of the type of call it was (research vs. sales).
If you need assistance or further information about "Do Not Call" Lists (DNC) and how to educate the public contact MRA Headquarters at 860-257-4008.
CMOR (Council of Marketing and Opinion Research), which MRA supports, provided this information. CMOR offers regulation details of each state's Do-Not-Call list.