Every illegal call to a number registered on the Do Not Call Registry can cost your business up to $53,088 in FTC civil penalties per call. Consumers can sue you for up to $1,500 per call if the violation was willful. States also add their own fines and penalties that stack per call, so small mistakes scale fast. That’s why it is important to understand what the DNC list is and how respecting it by following DNC rules can protect you legally and financially while boosting your campaign performance and maintaining brand reputation.
Key Penalties:
- TSR penalties of up to $53,088 per non-compliant outreach.
- TCPA violation penalties of $500 to $1,500 per violation.
- $1,500 applies to willful conduct.
- Additional fines for violating DNC rules and mini TCPA statutes.
- Class-action litigation exposure, with settlements reaching into millions.
In this guide, we will break down the consequences of calling a number on the DNC list, how much of a do-not-call list penalty you need to face, and how you can make compliant outreach.
TL;DR
- Every illegal call to a DNC-listed number can cost you penalties up to $53,088.
- State-specific fines, TCPA violations, and class action litigation quickly stack penalties per call.
- Compliance maintenance is one of the cheapest investments you can make in outreach strategy.
- Respecting the DNC list when reaching out to customers is the foundation that protects your business's reputation.
- The root cause of most do-not-call violations is outdated data and poor list hygiene, which you can easily prevent with the right processes and tools, such as Landline Remover’s built-in DNC scrubbing.
FTC and FCC DNC Rules
Businesses involved in telemarketing to promote their products or services must adhere to the DNC rules of the US Federal Trade Commission (FTC) and Federal Communications Commission (FCC) to stay compliant. These regulations protect US consumers from unsolicited communications.
Some key rules you need to follow:
- Check the national DNC registry every 31 days and scrub your lists against it to identify any newly registered numbers. It is illegal to call or text consumers who have registered their number here unless the consumer has given you express permission or you have a prior business relationship with them.
- Businesses must obtain prior express written consent from individuals before calling or texting them, and that consent must be documented.
- Businesses must provide clear identification information, including their name, the company’s name, and contact details, during the call or in a text.
- You must respect quiet hours (based on the local time of the person being called) and must not make calls during that time.
- If a consumer requests to be placed on your company’s internal Do-Not-Call list, you must respect it immediately and don’t call them again.
- Use the RND (Reassigned Number Database) service to identify and eliminate robocalls to reassigned numbers.
- Not all calls are restricted by DNC rules. Some exemptions exist, such as calls from charities, political organizations, and surveyors. Businesses with a prior relationship with consumers may also be exempt. However, these exemptions require careful adherence to other aspects of the law.
What Counts as a Do Not Call Violation
Here are some potential violations:
- Calling a number registered on the National DNC Registry.
- Not respecting opt-out requests from customers and continuing to call them.
- Calling during quiet hours (before 8 AM or after 9 PM according to the call recipient’s time)
- Not maintaining internal DNC lists.
Whenever in doubt, do not call. Otherwise, the consequences could be significant. Keep reading to learn more about them.
Consequences of Breaking DNC Regulations
If you call a number on the Do Not Call list, there are significant consequences that could happen.
- Consumers can sue you directly.
- State attorneys general enforce state law.
- The FTC and FCC enforce the Telemarketing Sales Rule (TSR) and the TCPA. Breaking DNC rules can result in fines up to $53,088 per illegal call.
- Do Not Call violations can also lead to other legal actions, such as lawsuits. These can take time and resources away from your regular business operations.
- DNC violations could hurt your business's reputation, as potential customers see you breaking the rules.
- If you repeatedly violate DNC rules, phone carriers and consumers may mark your phone number as spam.
- Phone carriers may restrict you from using their networks, as they don’t want to support or facilitate illegal activity.
Federal Do Not Call List Penalties
Federal penalties for violating DNC rules come from FTC and TCPA regulatory tracks.
TSR Penalties Enforced by the FTC
The TSR governs telemarketing practices and the National Do Not Call Registry. Businesses that contact numbers registered on the DNC registry without a valid exemption face penalties of up to $53,088 per non-compliant contact. The FTC enforces these penalties and can pursue them against both vendors and the company conducting outreach on its behalf.
TCPA Penalties
Businesses face TCPA enforcement and penalties through multiple channels. Consumers can sue businesses for TCPA violations, with penalties ranging from $500 to $1,500 per violation, and up to $1,500 for willful violations. These penalties apply to unauthorized telemarketing calls, robocalls, and text messages, whether the contact was made in-house or through a vendor. The FCC also has authority to pursue administrative fines against violators. State attorneys general can also bring their own enforcement actions under the TCPA and applicable state statutes.
State-Specific Do Not Call Violation Fine
Many states enforce their own telemarketing rules, and violating them can compound federal exposure.
| State | Maximum Penalty |
| Colorado | Up to $500 per violation |
| Florida | Up to $10,000 per violation |
| Indiana | $10,000 for the first violation, $25,000 each after |
| Louisiana | Up to $1,500 per call, $3,000 if the person is over 60 |
| Michigan | Up to $25,000 per violation |
| Missouri | Up to $5,000 per knowing violation |
| New Jersey | $10,000 first offense, $20,000 each after |
| New York | Up to $20,000 per violation |
| Oregon | $100 to $25,000 per call |
| Pennsylvania | Up to $1,000 per violation, $3,000 if the person is 60 or older |
| Texas | $1,000 to $5,000 per violation |
| Washington | $1,000 per call for calls after July 23, 2023 |
Source: Link
Class Action Lawsuits
A class action lawsuit is a type of civil lawsuit in which several plaintiffs sue a company or individual. TCPA violations are among the most common grounds for class action lawsuits. That’s why it is essential that you understand TCPA compliance for the success of your business.
What Makes a Do Not Call List Penalty Higher or Lower
Here are a few factors that influence do-not-call violation fines:
- Volume: More calls to protected numbers mean more violations.
- Intent: Willful violations can cost up to three times as much.
- History: A company with past violations may face stricter penalties.
- Documentation Quality: Maintaining strong audit trails and “defense receipts” supports a defensible position.
- Process: A written compliance program works in your favor.
A solid program can support a safe harbor defense, which protects against some honest mistakes. Read our latest blog on DNC safe harbor elements for more details.
Example:
Let’s say your team makes 1,000 calls to numbers on the registry and no exemptions apply. Your total exposure could be:
| Claim | Math | Total |
| Private claims (standard) | 1,000 * $500 | $50,000 |
| Private claims (willful) | 1,000 * $1,500 | $1,500,000 |
| FTC theoretical ceiling | 1,000 * $53,088 | $53,088,000 |
If you want to reduce your risk before you dial, you need to sort your list by line type. Landline Remover helps you do this. Knowing line type helps you determine which rules apply.
How to Avoid Do Not Call Penalties
A proactive, documented compliance-first approach helps you avoid do-not-call penalties. The following practices help you address the most common sources of do-not-call violations.
- Scrub your list against the DNC registry.
- Verify numbers against the Reassigned Numbers Database.
- Learn about your exemptions.
- Check line type before you dial.
- Maintain internal DNC lists and honor opt-outs promptly.
- Obtain prior express consent or permission from the customer.
- Establish a prior business relationship with consumers.
- Train your staff on DNC rules.
- Respect opt-out requests.
Make Compliant Outreach With Landline Remover
Compliant-first outreach will differentiate your business from competitors and put you ahead. It builds trust with prospects, improves reply rates, protects your ability to scale outreach, and makes your business more credible. Compliance can be a competitive advantage for your business by setting you apart from non-compliant competitors.
However, compliance does not have to be hard. Landline Remover can help you with DNC scrubbing and line type checking. You need to respect opt-outs and document consent. Run your next list through Landline Remover to sort mobile and landline numbers, then scrub it against the DNC registry before anyone on your sales team dials.