States that require telemarketer registration before calling

Last updated 2026-07-09

Why do states require telemarketer registration at all?

The federal Telephone Consumer Protection Act (47 U.S.C. § 227) sets a national floor for telemarketing rules, and it explicitly leaves room for states to go further ^[1]. Most states took that invitation in the 1990s and 2000s, when telemarketing fraud was rampant and the FTC's Do Not Call Registry didn't exist yet. The logic was simple. If you have to register with the state before you can legally call residents, regulators know who you are, where you operate, and have a bond to go after if you scam somebody.

This patchwork of state registration laws is one of the most overlooked compliance traps for small outbound teams. You can be fully compliant with federal TCPA rules, scrubbed against the national do not call list, and still catch a cease-and-desist or a criminal misdemeanor charge in a state where you forgot to file a $100 form.

Here's the split that matters. Federal law governs what you can say and when, and it controls consent and calling-hour rules. State registration laws govern whether you're even allowed to operate inside that state's borders. Two separate legal questions.

Which states require telemarketer registration or licensing?

At least 18 states have active telemarketer registration or licensing requirements. Some states use the word "license," others say "registration" or "permit," but the practical effect is identical. You file paperwork, pay a fee, sometimes post a bond, and get permission to call before you dial a single resident ^[2][3].

The table below summarizes those states as of mid-2025.

State	Program name	Annual fee (approx.)	Bond required	Administering agency
Florida	Telemarketing Registration	$1,000	$50,000	Dept. of Agriculture & Consumer Services
Louisiana	Telephone Solicitation	$750	$25,000	Secretary of State
Texas	Telephone Solicitation	None (disclosure rules apply)	None	OAG / PUC
Michigan	Charitable Solicitation / Commercial (varies)	$100, $2,000	$10,000, $50,000	AG Office
New York	Telemarketing Registration	$150	$25,000	Dept. of State
Illinois	Charitable Solicitation (overlapping)	$200	$10,000	AG Office
Pennsylvania	Telemarketer Registration	$200	$25,000	Dept. of State
Ohio	Telephone Solicitor Registration	$200	$25,000	AG Office
Tennessee	Telemarketing Registration	$100	$25,000	Dept. of Commerce
Georgia	Telephone Solicitor Permit	$100	$25,000	Secretary of State
North Carolina	Telephone Solicitation	$0 (disclosure)	None	AG Office
Oregon	Telephone Solicitation	$0 (registration)	$25,000	Dept. of Justice
Indiana	Telephone Solicitor Registration	$100	$25,000	AG Office
Wisconsin	Telephone Solicitation	$0	$25,000	Dept. of Agriculture
Arkansas	Telephone Solicitor License	$500	$50,000	AG Office
South Carolina	Telephone Solicitor Permit	$100	$25,000	Secretary of State
Colorado	Telephone Solicitor Registration	$0	$25,000	AG Office
Kansas	Telephone Solicitor Registration	$250	$25,000	AG Office

Three things about reading this table. Fees and bond amounts change, so verify current numbers with the administering agency before you file. Texas is the odd one out. It charges no fee but enforces strict disclosure and do-not-call rules under the Texas Business & Commerce Code Chapter 302 that work a lot like a registration regime ^[4]. And several states, California and Washington among them, have serious telemarketing statutes but push enforcement through their unfair-business-practice laws instead of a registration requirement. They're not in the table. They're also not safe to ignore.

What does a state telemarketer registration actually require you to file?

Most state programs ask for the same package of information, though the forms and portals are all different. Business legal name, DBA names, physical address, names and home addresses of owners or officers, a description of what you're selling, a sample script or disclosure language, proof of a surety bond in the required amount, and a fee. Florida also makes you list every employee who will make calls ^[5].

The surety bond is the piece teams get wrong most often. A surety bond is not insurance you buy to protect yourself. It's a guarantee to the state and to consumers that if you defraud someone, there's money to pay them back. A $25,000 bond does not cost $25,000. Depending on your credit and business history, a bond that size runs $250 to $750 a year. The bond company (the "surety") is on the hook if a claim gets paid. You're on the hook to pay them back.

Renewal is annual in almost every state. Miss the date and your registration lapses. Every call you make into that state after the expiration is an unregistered solicitation call, and that carries the same liability as if you'd never registered at all. Put renewals in your calendar the day you file.

What are the penalties for calling without registering in these states?

The penalties aren't just civil fines. Several states classify telemarketing without registration as a criminal offense, and this is where teams get shocked.

Florida's Telemarketing Act (Florida Statutes Chapter 501, Part IV) makes operating without registration a third-degree felony ^[5]. That's up to five years in prison and a $5,000 fine per violation. Florida also lets the Department of Agriculture issue a cease-and-desist and seek civil penalties of up to $10,000 per violation.

Louisiana treats unregistered solicitation as a misdemeanor with fines up to $2,000 per call. Ohio's AG can seek civil penalties of $25,000 per violation under Ohio Revised Code Chapter 4719 ^[8]. Pennsylvania can revoke your right to do business in the state entirely ^[9].

The damage doesn't stop at the direct penalty. Calling unregistered in a state that requires registration can sink you in TCPA litigation. Plaintiffs' attorneys use state telemarketing violations as evidence of willful noncompliance, which feeds the argument for treble damages under the TCPA. You've seen what those verdicts look like if you've read about the Credit One TCPA settlement or the Cash App TCPA class action settlement.

Run the math. A $200 registration fee and a $500 bond premium is a rounding error next to what one enforcement action costs.

Does your company have to register even if it's located outside the state?

Yes. Almost every state telemarketing statute applies based on where the call recipient is, not where the caller is ^[2]. If you're based in Nevada calling consumers in Florida, you need a Florida telemarketer registration. Florida doesn't care that you've never set foot in Tallahassee.

This trips up remote teams constantly. A sales team spread across a dozen states dialing nationally has potential registration obligations in every state on the list above, no matter where the employer is incorporated or where the reps' phones sit. Call destination triggers jurisdiction, not call origin.

A few states spell this out. Oregon's statute covers calls to Oregon residents from anywhere in the country. New York's applies to any person who "makes or causes to be made" a telephone solicitation to a New York resident ^[10]. The pattern holds across the board.

One narrow exception shows up in some states for calls that are purely intrastate (originated and received within the same state) where the seller has a physical presence there. That's a rare fact pattern for most outbound teams. Don't rely on it without a lawyer's opinion.

Are there any exemptions from state telemarketer registration requirements?

Yes, and knowing them saves you unnecessary filings. Here are the common ones.

Charitable organizations. Many states exempt nonprofits soliciting on their own behalf. Third-party fundraising firms calling for a nonprofit usually don't get the exemption.

Existing customer relationships. Several states (Ohio, Indiana, and Tennessee among them) exempt calls to existing customers with a prior business relationship. The definition usually mirrors the FTC's 18-month standard for sales transactions and 3-month standard for inquiries ^[6].

Business-to-business calls. Most state registration laws apply to calls made to residential numbers or to individuals. Pure B2B calls to a business's main line are often exempt. Read the exact statute, because some states (New York is one) have broad language that pulls in B2B scenarios.

Real estate licensees. Several states exempt licensed agents making calls in the course of licensed activity.

Insurance and financial services. Calls by state-licensed insurance agents or broker-dealers are sometimes carved out. This varies a lot by state, and it doesn't mean those callers skip every other compliance duty.

The exemptions are real but narrow. Don't assume one applies without reading the statute or getting a legal opinion. "We mostly call businesses" is not a defense when you're dialing mixed residential and commercial numbers.

How does Florida's telemarketer registration work in practice?

Florida is worth a close look because it's one of the most aggressively enforced programs in the country, and outbound teams target its large, spread-out population constantly.

Under Florida Statutes §§ 501.601 through 501.626, any commercial telephone seller or telephone solicitor has to register with the Florida Department of Agriculture and Consumer Services (FDACS) before making sales calls to Florida residents ^[5]. The fee is $1,000 a year for the telephone seller entity. Individual salespeople who work for a registered seller register separately at $50 per person.

The required bond is $50,000, payable to the State of Florida. You file an application with FDACS, submit the bond, pay the fee, and get a registration number. You then disclose that number to any Florida consumer who asks.

FDACS audits registered entities and investigates consumer complaints. The department runs a searchable database of registered telephone sellers, which means consumers and plaintiffs' attorneys can check whether you're registered before they file anything.

Florida piles substantive rules on top of registration. Mandatory disclosures at the start of each call, a three-day right to cancel any purchase, restrictions on prize and gift claims, and a ban on calling anyone on Florida's state do-not-call list. Registration doesn't just give you permission to call. It signs you up for Florida's entire telemarketing rulebook.

What states have their own do-not-call lists that registration connects to?

Several states keep their own do-not-call lists, separate from or on top of the FTC's National Do Not Call Registry. In some states, registering as a telemarketer means you also have to scrub against the state list.

Florida, Indiana, and Texas each maintain or have maintained state-specific lists. Florida's runs through FDACS alongside the registration program. Indiana's No Call List is managed by the Indiana AG and applies to commercial and charitable solicitors alike ^[7]. Wyoming and Louisiana have had state lists at various points, though state lists have lost some practical value since the federal registry grew.

The step that matters: once you register in a state, check whether that state has its own list and what the scrubbing frequency and access rules are. Access varies. Some states hand you the list directly. Others make you scrub through a third-party vendor system similar to the federal registry's SAN (Subscription Account Number) setup.

For how do-not-call compliance fits into your calling workflow, the do not call telemarketer list guide covers the federal registry access process, and how do I get the do not call list walks through the SAN subscription steps.

Calling mobile numbers? Mobile phones sit on the federal registry and carry the same state-list obligations. There's no separate mobile exemption from registration. See our mobile phone do not call list overview for more.

How do you actually manage multi-state telemarketer registration at a small company?

Most small outbound teams handle this badly. Either they didn't know registration existed, or the patchwork of 18 state portals felt like too much. Here's an approach that doesn't need a compliance department.

Start by mapping where you actually call. Pull your dialed numbers for the last 90 days and see which area codes and states show up. If you're calling nationally, assume you need to check every state in the table above. If you're focused on a handful of states, that shrinks the job fast.

Next, look up current requirements for each state on your list. Go straight to the administering agency's website. Attorney general and secretary of state offices post application forms, fee schedules, and bond requirements publicly. Don't trust a third-party summary (this article included) for the exact current fee. Regulations move.

For surety bonds, a commercial surety broker can quote bonds for multiple states at once. Combined premiums for bonds in five states might run $1,500 to $3,000 a year, depending on your credit.

Set calendar reminders for every renewal date the moment you file. That one habit kills the most common lapse scenario.

LeadCompliant's compliance kit includes a state-by-state registration checklist with direct links to each state agency's application portal, which cuts the research phase from a week to an afternoon. The free tools on the site also let you check your call lists against federal and state do-not-call records before you dial.

Whether a specific exemption applies to your business model is a question for an actual telemarketing attorney. This article is not legal advice. But you can build the operational foundation yourself before that conversation.

Does TCPA compliance replace state registration, or do you need both?

You need both. They're separate legal obligations, and neither substitutes for the other.

TCPA compliance (47 U.S.C. § 227) governs consent, calling hours, autodialers and prerecorded voices, and the national Do Not Call Registry ^[1]. The FCC enforces it. Violations can trigger private lawsuits at $500 to $1,500 per call ^[12].

State telemarketer registration is a threshold requirement, a precondition to calling that exists independent of the TCPA. Breaking it doesn't mean you broke the TCPA, and following the TCPA doesn't mean you've met state registration rules. A state AG can come after you for a registration violation even if every TCPA rule you followed was perfect.

The TCPA's own text makes this clear. The statute limits federal preemption of state law. States keep authority to impose stricter regulations on intrastate telemarketing, and federal courts have consistently held that state registration requirements survive preemption ^[1].

So your program runs on two tracks. Track one is federal TCPA compliance covering consent, DNC scrubbing, calling hours, and technology (relevant to both cold calling and SMS compliance). Track two is state-by-state registration, bonding, and state-specific rules. Both have to be live before you make your first call.

For the federal layer, the cold call guide covers the TCPA rules that apply to outbound calling.

What should you do if you've been calling without registering?

Stop calling into that state and register now. That's the short answer.

The longer answer runs through a few steps. Document when you started calling into the state and roughly how many calls you made. This isn't about confessing. It's about sizing your exposure so you can make an informed call about next steps.

Register immediately. Retroactive compliance doesn't erase past violations, but it shows good faith and stops new violations from piling up. Some state AGs openly treat voluntary registration as a mitigating factor when they weigh enforcement.

Talk to a telemarketing attorney if the call volume was heavy or you've received consumer complaints or demand letters. The statute of limitations for state telemarketing violations runs from one to five years depending on the state. An attorney can help you decide whether voluntary disclosure or a quiet register-and-move-forward is the better play.

Audit every other state obligation at the same time. If you missed one state's requirement, odds are you missed others. Run the full list.

Nobody in this industry has a spotless record on state registration. Small teams find these rules late all the time. What matters is that you fix it systematically instead of hoping no one notices.

Frequently asked questions

How many states require telemarketer registration before calling?

At least 18 states currently have active telemarketer registration, licensing, or permit requirements that apply to commercial outbound callers. The exact number shifts as states update their statutes. Florida, Louisiana, Pennsylvania, New York, and Ohio are among the most consistently enforced. Several other states have registration requirements embedded in charitable-solicitation laws that also capture commercial telemarketers in certain situations.

Does a small business with only a few salespeople still need to register?

Yes. Virtually no state telemarketer registration law has a minimum-employee or minimum-call-volume threshold. If you're making commercial telephone solicitations to residents of a state that requires registration, you must register regardless of company size. Some states require individual salesperson registrations in addition to the business registration, which can add per-person fees for each caller on your team.

How much does it typically cost to get registered as a telemarketer in multiple states?

Registration fees across the states that require them range from $0 (disclosure-only states like Oregon) to $2,000 (some Michigan categories). Most states charge $100 to $750 per year. Surety bond premiums add $250 to $750 per state annually depending on bond amount and your credit. For a company registering in five states, total annual costs commonly run $3,000 to $6,000 including bonds, before any attorney time.

Do I need a surety bond in every state?

No. A handful of states (Texas, North Carolina, Wisconsin, Oregon, Colorado) impose registration or disclosure obligations but do not require a surety bond. Most states that have full registration programs do require a bond, typically ranging from $5,000 to $100,000. Florida's $50,000 bond requirement is among the highest. Get quotes from a commercial surety broker; actual bond premiums are a fraction of the bond amount.

If I only call businesses, do I still have to register as a telemarketer?

Usually not. Most state telemarketer registration laws apply specifically to calls to residential consumers or to individuals, and they explicitly exempt business-to-business calls. However, the exemption depends on the specific statutory language in each state, and some states have broader definitions. If you're calling any mixed-use numbers or reaching individuals on business lines, the exemption may not fully apply. Review the statute text for each state.

Does the national FTC Do Not Call Registry registration replace state registration?

No. Subscribing to the National Do Not Call Registry through the FTC's system gives you access to the federal list for scrubbing purposes. It is not a telemarketer registration or license. State registration is a separate filing made directly with each state's administering agency, typically the attorney general or secretary of state. You need to do both: scrub against the federal registry and register with states that require it.

How long does it take to get approved after filing a state telemarketer registration?

Processing times vary. Florida's FDACS typically processes applications within two to four weeks. Ohio and Pennsylvania are usually two to three weeks. Louisiana can run four to six weeks during high-volume periods. Some states issue immediate confirmation numbers while the formal certificate processes. You generally cannot legally make calls into the state until the registration is approved, so plan ahead, especially before launching a new campaign targeting a specific state.

Can a state fine or prosecute me even if no consumers complained?

Yes. Several states allow their attorneys general to conduct proactive enforcement investigations rather than waiting for consumer complaints. Florida's FDACS has investigators who check telemarketer registration status as part of routine enforcement. Calling without registration is a violation on its own, independent of whether any called consumer complained or suffered harm. Some state AGs use data from the federal DNC registry complaints as leads to check state registration status.

What happens to my registration if I stop calling a state temporarily?

Your registration typically lapses at the end of the annual period if you don't renew. If you plan to stop calling a state for more than a year, you can let the registration expire. If you resume calling before re-registering, you're in the same position as someone who never registered. There's no grace period for lapsed registrations. Some states allow you to cancel a registration early and request a partial-year refund; most do not.

Does state telemarketer registration cover text message marketing campaigns?

This is a genuinely unsettled area. Most state telemarketer registration statutes were written with voice calls in mind, and their definitions of "telephone solicitation" vary. Some explicitly include text messages; others are silent. Florida's statute uses language broad enough that Florida regulators have taken the position that SMS solicitation falls under the registration requirement. If you're running text campaigns into states with registration laws, get a legal opinion on whether registration is required before you launch.

Are there any states that recently added or tightened telemarketer registration requirements?

Several states have strengthened their laws in recent years. Florida updated enforcement mechanisms and civil penalty amounts in the early 2020s. Washington State tightened its telemarketing rules under its Consumer Protection Act around 2021 to 2022, though it still routes enforcement through the CPA rather than a formal registration system. State legislatures across the country keep introducing telemarketing bills in response to robocall complaints, so requirements can change from session to session.

What is the difference between a telemarketer registration and a sales tax nexus registration?

They're completely separate filings for different purposes. A telemarketer registration is a permission-to-call license filed with a consumer-protection agency (attorney general, secretary of state, or department of agriculture). A sales tax nexus registration is filed with a state's department of revenue and determines whether you're required to collect and remit sales tax. Making calls into a state can create sales tax nexus, but that's a separate analysis from the telemarketer registration requirement.

If I use a third-party call center, who is responsible for state registration?

Both parties may have obligations. The company initiating the sale (the "seller") is usually required to register as a "telephone seller." The call center itself may need to register as a "salesperson" or "telephone solicitor" entity. Check each state's statute carefully, because some states register the seller, others register the telemarketing company, and several require both. Contracts between sellers and call centers should clearly allocate registration responsibility, but that allocation doesn't eliminate the underlying legal duty.

Does having a prior business relationship with a consumer exempt me from state registration?

No. A prior business relationship may exempt specific calls from the state's do-not-call restrictions (similar to the federal 18-month rule), but it does not exempt you from the requirement to be registered in the first place. Registration is a prerequisite for all commercial telemarketing calls to a state's residents, regardless of the relationship history. The two concepts, registration and do-not-call exemptions, are independent of each other.

Sources

1. Legal Information Institute, 47 U.S.C. § 227 (Telephone Consumer Protection Act): The TCPA sets a federal floor but allows states to impose more restrictive telemarketing regulations; the statute preserves state authority over intrastate telemarketing rules.
2. FTC, Telemarketing Sales Rule overview: State telemarketer registration requirements apply based on where the call recipient is located, not where the caller is located; the FTC's TSR operates alongside state licensing regimes.
3. NCSL, State Telemarketing Laws: Multiple states have enacted telemarketer registration, licensing, or bonding requirements beyond federal TCPA rules; NCSL tracks active state telemarketing statutes.
4. Texas Legislature, Business & Commerce Code Chapter 302 (Telephone Solicitation): Texas Business & Commerce Code Chapter 302 imposes disclosure and do-not-call requirements on telephone solicitors without charging a registration fee, functioning as a de facto registration regime.
5. Florida FDACS, Business Services: Florida requires telephone sellers to register with FDACS, pay a $1,000 annual fee, post a $50,000 surety bond, and register individual salespeople at $50 each; failure to register is a third-degree felony under Florida Statutes Chapter 501.
6. FTC, National Do Not Call Registry: The FTC's established business relationship exemption covers customers within 18 months of a purchase transaction and inquirers within 3 months; many states pattern their own exemptions on this standard.
7. Indiana Attorney General: Indiana's No Call List is administered by the Indiana AG and applies to both commercial and charitable solicitors; registration as a telephone solicitor is required before calling Indiana residents.
8. Ohio Revised Code Chapter 4719 (Telephone Solicitors): Ohio requires telephone solicitor registration with the AG's office; civil penalties of up to $25,000 per violation are available for unregistered solicitations under Ohio Revised Code Chapter 4719.
9. Pennsylvania Department of State: Pennsylvania requires telemarketer registration with the Department of State, a $200 annual fee, and a $25,000 surety bond; unregistered operation can result in revocation of the right to do business in Pennsylvania.
10. New York Department of State, Division of Licensing Services: New York requires telemarketing registration for any person who makes or causes to be made telephone solicitations to New York residents, with a $150 annual fee and $25,000 bond.
11. Arkansas Attorney General: Arkansas requires a telephone solicitor license from the AG's office, a $500 fee, and a $50,000 surety bond before making solicitation calls to Arkansas residents.
12. FCC, 47 CFR Part 64, Subpart L (Restrictions on Telemarketing): FCC regulations implementing 47 U.S.C. § 227 set calling hour restrictions and consent requirements; these operate separately from state telemarketer registration obligations.