What Are the Penalties for Calling a Phone Number on the Do Not Call List?

Type: Blog
Topic: Do Not Call Solution

Calling a phone number that is registered on the National Do Not Call (DNC) List can result in severe penalties for businesses, depending on the circumstances. The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) enforce the regulations that govern the Do Not Call List under the Telephone Consumer Protection Act (TCPA). If your business calls a number on the list without proper consent, it may face hefty fines and legal action.

To avoid these penalties, businesses need to adopt compliant practices for managing customer communications. This is where PossibleNOW’s Do Not Call solution plays a critical role. DNCSolution helps companies comply with DNC regulations by providing automated tools for scrubbing contact lists, maintaining accurate records, and guaranteeing adherence to TCPA guidelines.

Federal Penalties for Violating the Do Not Call List

Federal penalties for calling a phone number on the DNC List are significant. Under the TCPA, violators can face fines of up to $1,500 per call. These fines are issued by the FTC, and they apply to both telemarketers and companies that hire third-party vendors to conduct marketing calls on their behalf.

Factors That Influence the Severity of Penalties

The severity of the penalties depends on several factors, including:

• The number of calls made: Multiple violations can quickly lead to massive fines.
• Intent: If the violation was intentional or repeated, fines are often higher.
• Previous compliance history: A company with a history of TCPA violations may face stricter penalties.
• Corrective actions: Companies that have implemented corrective actions, like establishing compliance systems, may face reduced fines.

State-Level Fines and Consequences

In addition to federal penalties, many states have their own DNC laws, which can impose additional fines on top of federal sanctions. State fines vary, but they can range from a few thousand dollars to tens of thousands of dollars per violation. For example, states like California and Florida have particularly strict telemarketing regulations, with higher penalties for violations of their DNC laws.

Failing to comply with both federal and state DNC regulations can lead to compounded financial penalties, increased legal exposure, and reputational damage.

How the TCPA Enforces Do Not Call Violations

The TCPA is the primary regulation that enforces compliance with the DNC List. It applies to any telemarketing calls, robocalls, and text messages made to U.S. residents. The TCPA requires companies to obtain express written consent before contacting individuals on the DNC List, even if those numbers were collected for legitimate purposes.

This consent must be documented, and businesses must provide an opt-out mechanism for consumers.

Additionally, the TCPA allows consumers to take legal action against companies that violate the DNC rules. Consumers can sue for damages of $500 to $1,500 per violation, depending on whether the violation was willful.

How Businesses Can Avoid Do Not Call Violations

Avoiding violations of the DNC List requires a proactive approach to compliance. Here are some strategies businesses can adopt to minimize risk:

• Scrub contact lists regularly: Always compare your call lists with the National DNC List and relevant state lists to make certain that no numbers on the list are contacted.
• Obtain express written consent: For calls, texts, or robocalls, make certain that your business has obtained the necessary consent from consumers, as required under the TCPA.
• Document opt-out requests: Make sure to honor and record opt-out requests immediately, so individuals who opt out of future communications are not contacted.
• Train your team: Make sure that all employees, contractors, and vendors are trained on DNC compliance to reduce the risk of accidental violations.

Using PossibleNOW’s Do Not Call platform simplifies the compliance process by automating list scrubbing, preference management, and opt-out tracking. DNCSolution integrates seamlessly with existing CRM systems, helping businesses stay compliant with both federal and state regulations while minimizing the risk of costly penalties.