Do Not Call Compliance Checklist
This checklist is provided by PossibleNOW as a guide to understanding Do Not Call
compliance. This information is not a substitute for legal counsel.
___ You may not call consumers who have placed their residential phone numbers on a state Do
Not Call list or have registered with the National Do Not Call Registry. All individuals,
employees, and affiliates telemarketing on behalf of your company must comply with the
federal Do Not Call laws as well as any applicable state laws.
State laws vary. Check the Regulatory Information at www.dncsolution.com or
www.dncquickcheck.com for more information about state laws.
___ You (your company) must keep an internal list (database) of consumers who do not want to
receive calls from you (your company) for a period of no less than 5 years. Some state laws
may vary with requirements up to 10 years.
___ The federal Do Not Call laws mandate that your staff receive training on the Do Not Call
laws and the steps involved with compliance.
___ Some states have restrictions on the time of day that you can call consumers. Check the
Regulatory Information at www.dncsolution.com or www.dncquickcheck.com for more
information about these state laws.
___ Your company must have a written corporate policy regarding its Do Not Call compliance
activities and provide a copy of this policy to consumers upon request.
___ The state and federal Do Not Call laws have removed most meaningful exemptions except
one — the Established Business Relationship exemption. You must understand how this
exemption works and how to correctly apply it to your customers whose phone numbers
may be listed on a Do Not Call list. Check the Regulatory Information at
www.dncsolution.com or www.dncquickcheck.com for more information about the
Established Business Relationship exemption.
___ The Do Not Call laws have a “safe harbor” for inadvertent mistakes. You must be able to
document and demonstrate that your company is making an effort to comply with the Do
Not Call laws, including all of the following:
___ You have written procedures to comply with the Do Not Call laws
___ You train your staff on those procedures
___ You monitor and enforce compliance with your written procedures
___ You maintain a company-specific list (database) of consumer phone numbers that
you can not call
___ You access the Federal Do Not Call registry before calling any consumer and you
maintain records that document this process
___ Any call made in violation of the Do Not Call laws was the result of an error