Government do not call list: how it works and what it costs to ignore it

The national Do Not Call Registry has 249 million numbers. One violation can cost $51,744. Learn who must comply, how to scrub lists, and state-specific rules.

LeadCompliant Team
22 min read
In This Article

Last updated 2026-07-09

Old telephone and notebook on a desk representing do not call list compliance
Old telephone and notebook on a desk representing do not call list compliance

TL;DR

The government Do Not Call list is the FTC's National Do Not Call Registry, which holds over 249 million phone numbers as of 2024. Telemarketers must scrub their call lists against it every 31 days or face fines up to $51,744 per violation. Most residential and mobile numbers qualify. Certain exemptions apply for charities, political calls, and companies with existing business relationships.

What is the government Do Not Call list?

The government Do Not Call list is the National Do Not Call Registry, a database the Federal Trade Commission runs under authority from the Telephone Consumer Protection Act (47 U.S.C. § 227) and the Do-Not-Call Implementation Act of 2003. [1] It gives a consumer one permanent place to park their number and opt out of most commercial telemarketing.

As of fiscal year 2024, the Registry holds more than 249 million active registrations. [2] That count has climbed every year since the Registry launched in 2003, and it covers both landline and wireless numbers. A registered number stays registered forever unless the consumer removes it or the number gets disconnected and reassigned.

The FTC administers the Registry. The FCC has its own authority under 47 U.S.C. § 227 to enforce the TCPA, so telemarketers can catch action from both agencies at once. [3] The FTC's Telemarketing Sales Rule (16 C.F.R. Part 310) is the regulation that spells out exactly what sellers and telemarketers have to do to scrub. [4]

This is not a voluntary program. Call a registered number without a qualifying exemption and you are breaking federal law. There is no grace period once a number lands in a Registry download.

Who has to comply with the national Do Not Call Registry?

Most commercial telemarketers calling U.S. consumers have to comply. The rule reaches any person or entity that makes, or causes others to make, telephone solicitations to residential telephone subscribers. [4] Sell goods or services by phone, and you are almost certainly covered.

Several categories sit outside the Registry's reach:

  • Political organizations calling about candidates or ballot measures are not covered (the First Amendment carve-out is settled in FCC orders). [3]
  • Charities and nonprofits soliciting donations for themselves are exempt, though a third-party telemarketer dialing on a charity's behalf does have to comply.
  • Survey and research calls with no sales component are exempt.
  • Debt collectors fall under the Fair Debt Collection Practices Act instead.
  • Companies with an existing business relationship (EBR) can call a registered number for up to 18 months after the last purchase or transaction, or up to 3 months after a consumer inquiry, without prior written consent. [4]

The EBR exemption is the one most outbound teams lean on, and it burns them more than almost anything else. An EBR is not a fuzzy "we have their contact info" situation. It takes a real, documented transaction or inquiry. Keep the paper.

If you are not sure whether your organization counts as a seller or telemarketer under the TSR, the FTC's Telemarketing Sales Rule guidance is where you start. See also do not call list for a plain-language breakdown of who qualifies for which exemption.

How does the Do Not Call Registry work technically?

Telemarketers reach the Registry through the FTC's official portal at donotcall.gov. To download numbers, you first register as a telemarketer and pay an annual access fee. As of 2024, the fee is $79 per area code per year, capped at $19,847 for the entire national database. [2]

Once you are registered, you query by area code and download the registered numbers in those area codes. Run your call list against those numbers, strip out any matches, then dial. Federal rules say you must scrub against a version of the Registry no more than 31 days old. [4] Scrub against a three-month-old download, call a number that registered two months ago, and you have a violation. It does not matter that your download was clean at some earlier point.

The download is a flat file, usually a plain text list of phone numbers. Most CRMs and dialers take it directly, or a third-party scrubbing service can automate the whole loop. See how do I get the Do Not Call list for a step-by-step walk through the portal.

Here is the detail people miss. You have to scrub against both the federal Registry and any applicable state DNC lists. The federal list alone is not enough in most states.

Do Not Call Registry enforcement: maximum penalties per violation Federal penalty ceilings a telemarketer faces across enforcement paths FTC civil penalty (per violation) $52k FCC forfeiture (per call) $24k TCPA private suit, willful (per c… $1,500 TCPA private suit, standard (per… $500 Source: FTC (TSR, 2024); FCC (TCPA, 2024); 47 U.S.C. § 227

How much does a Do Not Call violation actually cost?

The FTC can seek civil penalties up to $51,744 per violation of the Telemarketing Sales Rule as of 2024, and the FCC can impose forfeitures up to $23,727 per call under the TCPA. [5][10] Both ceilings adjust for inflation under the Federal Civil Penalties Inflation Adjustment Act.

The TCPA also gives consumers a private right of action. A person can sue directly in federal or state court without waiting on the FTC or FCC, and collect $500 to $1,500 per call depending on whether the violation was willful. [6] Class actions are common. One botched campaign that dials 10,000 registered numbers can expose you to $5 million to $15 million in private litigation before a regulator ever calls.

Enforcement pathMax penalty per callWho brings it
FTC (TSR violation)$51,744FTC
FCC (TCPA violation)$23,727FCC
Private TCPA lawsuit$500 (or $1,500 if willful)Individual consumer or class
State AG actionVaries by stateState attorney general

Real examples: in 2023, the FTC and state AGs reached a $299 million settlement with a health insurance telemarketer. [5] Dish Network's 2017 judgment topped $280 million, one of the largest TCPA awards on record. Enforcement is not rare.

For a small company, the math is blunt. Compliant scrubbing runs maybe $2,000 to $10,000 a year in tools and access fees. One class action runs into the millions. See do not call list violation for documented case outcomes and the fact patterns that trigger the biggest awards.

Does the Do Not Call list cover mobile phones?

Yes. A stubborn myth says wireless numbers are automatically off-limits for every call, or that they live on some separate "cell phone do not call list." Neither is right.

Wireless numbers can register on the National Do Not Call Registry, and millions have. [2] Once a cell number shows up in the Registry, the same scrubbing rules apply as for a landline. But the TCPA layers a stricter rule on top: you generally cannot use an automatic telephone dialing system (ATDS) or a prerecorded message to call a wireless number without prior express consent, Registry status or not. [6]

So mobile compliance has two layers. Registry scrubbing handles one. TCPA consent records handle the other. Skip either and you are exposed. See mobile phone Do Not Call list for a longer treatment of the wireless rules.

Dial manually to a cell number that is not on the Registry, with a clear consent record on file, and you are generally fine under federal rules. Then check your state law. Some states pile on consent requirements that go past the federal floor.

How do state Do Not Call lists work alongside the federal list?

Roughly 39 states and the District of Columbia run their own Do Not Call programs. [7] Some are standalone databases with their own registration portals and fees. Others ride on top of the national Registry. The details swing wildly from state to state.

The federal Telemarketing Sales Rule does not preempt state DNC laws. States can be stricter than federal law, and many are. A call that is clean under the federal Registry can still be illegal under state law if the consumer also registered with the state program and you never scrubbed against it.

Wisconsin is the clear example. Wisconsin runs its own Do Not Call list through the Department of Agriculture, Trade and Consumer Protection (DATCP). [8] It operates independently from the national Registry. Telemarketers calling Wisconsin residents have to register with DATCP and scrub against the Wisconsin list separately from the federal scrub. Fines under Wisconsin's telemarketing law can reach $10,000 per violation. [8] Registering your federal telemarketer number at donotcall.gov does nothing to protect you from Wisconsin's state enforcement.

Florida, Indiana, and Pennsylvania each run similar programs. See florida do not call list, indiana do not call list, and pennsylvania do not call list for state specifics.

For any state where you run real volume, look up that state's AG or consumer protection agency and confirm whether they keep a separate list. Do not assume the federal scrub covers you.

How do consumers register their number on the Do Not Call list?

Consumers register at donotcall.gov or by calling 1-888-382-1222 from the number they want to protect. [9] Registration is free and takes about 30 seconds. The number goes into the Registry within 24 hours, but telemarketers technically have up to 31 days before they must stop, because they are allowed to use a download up to 31 days old.

A registration is permanent. The FTC killed the original 5-year expiration rule in 2008. [2] A consumer never re-registers unless they change their number.

Consumers can also register with individual states that keep separate lists. The process and timing vary. In Wisconsin, consumers register at the DATCP portal, not at donotcall.gov. [8]

If a consumer tells your agent to stop calling during a call, that is a binding opt-out too. It triggers the company-specific do not call rules under the TSR, independent of whether the number sits on the Registry. From that point you have to keep your own internal DNC list and honor the request indefinitely. [4]

What is the company-specific do not call rule, and how is it different from the Registry?

The Registry is the government's list. The company-specific DNC rule is your internal list. The two are not interchangeable.

Under 16 C.F.R. § 310.4(b)(1)(iii), telemarketers must keep their own internal DNC list and honor opt-out requests within a reasonable time, which the FTC treats as no more than 30 days. [4] Once someone asks you to stop, you cannot call them again. That prohibition never expires. It applies even if the number is not on the national Registry, and it applies even when you hold a valid EBR.

Here is why it matters day to day. A prospect on an outbound call says "take me off your list." That phrase, or any clear signal they do not want calls, fires an immediate internal DNC obligation. Your CRM has to catch it and block future outreach. This is an operational problem more than a legal checkbox. Companies that never train reps on real-time DNC capture eat both regulatory complaints and private lawsuits.

LeadCompliant's free DNC checker verifies a number against the national Registry before you call, and the compliance kit covers the internal DNC process for small outbound teams. See also do not call list report for how to track complaints and audit your own compliance.

The internal list and the Registry scrub both have to be airtight. One without the other still leaves you open.

How do you register as a telemarketer and access the Registry?

Go to donotcall.gov and create a telemarketer account, not a consumer account. [9] You give your organization's information, certify that you are pulling the Registry for compliance, and pay the area code fees before you can download.

The fee structure: $79 per area code per year, with the first five area codes free for organizations under the FTC's revenue threshold (the FTC updates that number periodically). Full national access caps at $19,847. [2] You pay once and can download and re-download all year. There is no per-download charge.

After payment, pick the area codes for your calling territory and pull the files. Most compliance teams download monthly or set a calendar reminder so the working list never crosses 31 days stale. Some download weekly for a buffer.

Using a third-party dialer or predictive dialing platform? Check whether they build in Registry scrubbing. Many do. You are still the responsible party if their scrub fails, so get the arrangement in writing in the vendor contract.

See do not call list number for the phone and web options to reach the Registry, and ftc do not call list for the FTC's own guidance on access and compliance.

What are the biggest compliance mistakes outbound teams make?

The priciest mistake is assuming one scrub covers everything. Federal Registry plus state lists plus internal DNC is the full picture. Teams that scrub only the federal list and dial into states with their own programs (Wisconsin, Florida, Indiana, Pennsylvania, and others) are exposed every time they hit a registered state-list number.

Second most common: letting the scrub go stale. A 32-day-old download is a violation from the first call you make with it. A calendar system fixes this in an afternoon, yet teams skip it under dialing pressure.

Third: documenting EBR status badly. Rely on the existing business relationship exemption to call a registered number and you need a clear record of what the transaction or inquiry was and when it happened. "They downloaded a whitepaper two years ago" is not an EBR. A purchase 14 months ago probably is. The line matters, and the documentation has to hold up if the FTC asks.

Fourth: not training reps on real-time opt-out capture. A consumer saying "don't call me again" mid-call is a binding opt-out regardless of Registry status, and if that request is not logged and honored within 30 days, it is a separate violation from any Registry issue.

Fifth: mixing up TCPA consent for SMS with DNC compliance for voice. Both matter, but the rules run on different tracks. Prior express written consent for marketing texts does not satisfy your DNC scrubbing duty for voice calls, and the reverse holds too.

How is the Do Not Call list enforced, and who investigates complaints?

Consumers file complaints at donotcall.gov or by calling 1-888-382-1222. [9] Those complaints feed the FTC's Consumer Sentinel database, which state AGs and other law enforcement can also read. The FTC and FCC use complaint patterns to spot high-volume violators. A company that generates 500 complaints in a quarter draws attention. A company that generates 5 probably does not, unless a plaintiff's attorney grabs it first.

The FTC brings civil enforcement in federal court under Section 5 of the FTC Act and the TSR. The FCC enforces the TCPA through administrative forfeiture proceedings. State AGs can bring parallel actions under both the federal statutes (many AGs have authority to sue under the TSR) and their own state telemarketing laws.

Private plaintiffs and class action attorneys are often the first movers. They do not wait for an agency investigation. They can file a TCPA suit directly, and plenty of plaintiff firms run call-receipt screening programs to find potential class members. Make large volumes of outbound calls without a clean process, and the realistic first threat is a class action letter, not an FTC investigative demand.

The FTC publishes an annual report on the Registry showing complaint volumes by state and by industry category. [2] Health and medical services, insurance, and home improvement post the highest complaint volumes year after year.

Frequently asked questions

How do I register my phone number on the government Do Not Call list?

Go to donotcall.gov or call 1-888-382-1222 from the number you want to register. Registration is free and permanent. Your number is added within 24 hours. Telemarketers have up to 31 days to update their scrubbed lists, so you may still get calls for about a month after registering before they fully stop.

Does the Do Not Call list cover text messages and robocalls?

The Registry mainly covers telephone solicitations (voice calls). Robocalls and prerecorded messages to residential numbers fall under the TCPA separately. Text message marketing runs on TCPA consent rules rather than the Registry. A number on the Registry is protected from live and automated sales calls. Unwanted texts are a separate but related violation under 47 U.S.C. § 227.

How long does a Do Not Call registration last?

Permanently. The FTC eliminated the original 5-year expiration in 2008. Once a number is registered, it stays on the Registry unless the consumer asks for removal or the number is disconnected and reassigned to a new subscriber. There is no periodic re-registration to worry about.

Is there a separate Wisconsin Do Not Call list?

Yes. Wisconsin runs its own Do Not Call list through the Department of Agriculture, Trade and Consumer Protection (DATCP), separate from the federal Registry. Telemarketers calling Wisconsin residents must register with DATCP and scrub against the state list independently. Violations of Wisconsin's telemarketing law can carry fines up to $10,000 per violation.

Do nonprofit organizations have to follow the Do Not Call list?

Charities calling on their own behalf to solicit donations are exempt from the Registry. A third-party telemarketer calling on behalf of a charity still has to comply. Political organizations, survey companies, and debt collectors also fall outside the Registry's scope. When you are unsure, check whether your organization fits the FTC's definition of a seller or telemarketer under 16 C.F.R. Part 310.

Can a company still call someone who is on the Do Not Call list if they have an existing business relationship?

Yes, for a limited time. The existing business relationship exemption lets a company call a registered number for up to 18 months after the last purchase or transaction, or up to 3 months after a consumer makes an inquiry or submits an application. The relationship has to be documented. Once the window closes, you need express written consent to keep calling that number.

How often do telemarketers have to scrub their lists against the Registry?

At least every 31 days. The Telemarketing Sales Rule requires the version of the Registry used to scrub a call list be no more than 31 days old. Using a stale download is itself a violation. Most compliance teams download monthly and build a buffer by pulling every 3 to 4 weeks to avoid an accidental lapse.

What is the fine for calling a number on the Do Not Call list?

The FTC can seek up to $51,744 per violation under the TSR as of 2024. The FCC can impose up to $23,727 per call under the TCPA. Individual consumers can also sue for $500 to $1,500 per call in private litigation. Class actions aggregate those per-call amounts across thousands of recipients, which is how a single campaign turns into multimillion-dollar exposure.

How do I report a telemarketer that called my number even though I am on the Do Not Call list?

File a complaint at donotcall.gov or by calling 1-888-382-1222. Include the date of the call, the number that called you, and the company name if you have it. Your complaint goes into the FTC's Consumer Sentinel database, which federal and state agencies use to pick enforcement targets. A single complaint rarely triggers action, but patterns across many complaints do.

Does the Do Not Call list apply to B2B calls?

Mostly no. The Registry applies to calls to residential telephone subscribers. Business-to-business calls are generally not covered. But if a business number is also a home phone for a sole proprietor, the line blurs, and some state laws reach further. The FTC's TSR also applies to certain B2B telemarketing in specific product categories, so check the regulation if you call both consumers and businesses.

Can I buy a list of Do Not Call numbers to use for scrubbing?

You should not need to buy a third-party list. The FTC gives you direct access to the Registry at donotcall.gov at a regulated fee ($79 per area code annually). Some compliance vendors offer scrubbing-as-a-service, where they download and maintain the Registry for you. That is fine as long as they scrub within the 31-day window and you document their process.

What is the difference between the FTC and FCC's role in Do Not Call enforcement?

The FTC administers the Registry and enforces the Telemarketing Sales Rule (16 C.F.R. Part 310). The FCC enforces the TCPA (47 U.S.C. § 227), which covers automated calls, prerecorded messages, and mobile phone restrictions. Both agencies have authority over telemarketing, and one campaign can break rules under both. The FCC leans toward robocalls and wireless rules; the FTC toward the broader sales call context.

Do I have to honor a do not call request even if someone's number is not on the Registry?

Yes. Federal rules require companies to keep their own internal Do Not Call list and honor any consumer request to stop calling, whether or not the number appears in the national Registry. That obligation starts the moment a consumer makes the request and lasts indefinitely. Ignoring an in-call opt-out is a separate federal violation from any Registry scrubbing issue.

How do I know which states have their own Do Not Call lists?

Around 39 states and D.C. have some form of state DNC program, though the scope varies a lot. Wisconsin, Florida, Indiana, Pennsylvania, and Texas are among the states with active standalone programs. Check each state's attorney general or consumer protection agency website for current requirements. Assuming the federal scrub covers state obligations is a common and expensive mistake.

Sources

  1. FTC, Legal Library (Do-Not-Call Implementation Act of 2003 and related statutes): The Do-Not-Call Implementation Act of 2003 granted the FTC authority to establish and operate the National Do Not Call Registry.
  2. FTC, National Do Not Call Registry Data Book FY 2024 (Consumer Sentinel reports): The Registry holds more than 249 million active registrations as of FY 2024; annual access fees are $79 per area code with a $19,847 national cap.
  3. FTC, Telemarketing Sales Rule, 16 C.F.R. Part 310: The TSR requires telemarketers to scrub call lists against a Registry version no more than 31 days old, maintain internal DNC lists, and honor opt-out requests within 30 days; the existing business relationship exemption permits calls for 18 months after a purchase or 3 months after an inquiry.
  4. FTC, Press Releases (2023 $299 million health insurance telemarketer settlement): In 2023 the FTC and state AGs reached a $299 million settlement with a health insurance telemarketer for DNC and TSR violations; the maximum civil penalty under the TSR is $51,744 per violation as of 2024.
  5. Legal Information Institute, 47 U.S.C. § 227 (TCPA full statute text): The TCPA provides a private right of action for $500 per violation or up to $1,500 for willful violations, and restricts use of automated dialing systems to call wireless numbers without prior express consent.
  6. National Conference of State Legislatures, state telemarketing and Do Not Call laws: Approximately 39 states and D.C. have enacted state-level Do Not Call programs or telemarketing restrictions.
  7. Wisconsin DATCP, No Call List program: Wisconsin operates a standalone Do Not Call list through DATCP independent of the federal Registry; violations can reach $10,000 per violation under state law.
  8. FTC, National Do Not Call Registry (consumer and telemarketer portal): Consumers register at donotcall.gov or by calling 1-888-382-1222; telemarketer organizations access and pay for Registry downloads through the same portal.

Disclaimer: LeadCompliant is a compliance review tool, not a law firm. We do not provide legal advice. Consult with a TCPA attorney for legal guidance on specific compliance questions. Compliance scores, audits, and risk assessments are informational only.

LeadCompliant Team

LeadCompliant provides expert guidance and tools to help you succeed. Our content is reviewed for accuracy and kept up to date.

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