DNC list violation: what counts, penalties and private rights of action
A DNC list violation is a sales call to a number on the National Do Not Call Registry, or to someone who asked not to be called, without a valid exemption. The FTC can seek civil penalties per call under the Telemarketing Sales Rule, and under the TCPA a person who gets repeated calls can sue for damages.
This page reflects 16 CFR Part 310, 47 CFR 64.1200 and 47 U.S.C. 227 as published on October 6, 2026, and the FTC’s business guidance on that date. It is general information, not legal advice. If you have received a complaint or a demand letter, talk to a lawyer.
Key points
- Violations include calling registered numbers without an exemption, ignoring do-not-call requests, using a registry copy older than 31 days and calling without paying for registry access.
- The FTC states that anyone who violates the Telemarketing Sales Rule is subject to civil penalties for each violation.
- Under 47 U.S.C. 227(c)(5), a person who received more than one violating call in 12 months from the same entity may sue for statutory damages per violation, which a court may triple for willful or knowing violations.
- Both agencies offer a safe harbor for errors made despite written procedures, training, a maintained list and regular scrubbing.
What counts as a DNC list violation?
Do Not Call rules come from two places: the FTC’s Telemarketing Sales Rule at 16 CFR 310.4 and 310.8 and the FCC’s rules at 47 CFR 64.1200(c) and (d). A call can violate one, the other or both. In general terms, these are the acts the rules treat as violations:
| Act | FCC rule | FTC rule |
|---|---|---|
| Sales call to a number on the National Do Not Call Registry with no exemption | 64.1200(c)(2) | 310.4(b)(1)(iii)(B) |
| Calling a person who asked that business not to call | 64.1200(d) | 310.4(b)(1)(iii)(A) |
| Not honoring a do-not-call request within ten business days, or not keeping it for 5 years | 64.1200(d)(3) and (d)(6) | Not stated in these terms |
| No written do-not-call policy or no staff training | 64.1200(d)(1) and (d)(2) | Part of the safe harbor in 310.4(b)(3) |
| Interfering with a person’s do-not-call request, such as hanging up or requiring them to call another number | Not stated in these terms | 310.4(b)(1)(ii) |
| Calling any number in an area code without having paid for registry access to that area code | Purchase required for the safe harbor ((c)(2)(i)(E)) | 310.8(a) and (b) |
| Sharing the cost of registry access, or using registry data for anything other than compliance | 64.1200(c)(2)(i)(E) | 310.8(c) |
| Telephone solicitations to residences before 8 a.m. or after 9 p.m. local time | 64.1200(c)(1) | 310.4(c) |
The registry and the steps businesses take to stay off the wrong side of these rules are covered in DNC list for businesses.
Penalties for a DNC list violation
Each enforcer has its own legal basis. The amounts below are quoted from the official sources linked in each row.
| Who acts | Legal basis | What the official source states |
|---|---|---|
| Federal Trade Commission | TSR; FTC guidance | Anyone who violates the TSR is subject to civil penalties of up to $53,088 for each violation, and may face injunctions and be required to pay redress to injured consumers. |
| Federal Trade Commission (penalty amount) | 16 CFR 1.98(d) | Sets the inflation-adjusted maximum under 15 U.S.C. 45(m)(1)(A) at $53,088, for penalties assessed after January 17, 2025. |
| A consumer (TCPA) | 47 U.S.C. 227(c)(5) | A person who received more than one call within any 12-month period by or on behalf of the same entity in violation of the rules may sue for an injunction, actual monetary loss or up to $500 in damages for each violation, whichever is greater, or both; up to 3 times for willful or knowing violations. |
| A state (TCPA) | 47 U.S.C. 227(g) | A state may sue on behalf of residents for an injunction, actual monetary loss or $500 in damages for each violation; up to 3 times for willful or knowing violations. |
| A state (TSR) | 15 U.S.C. 6103 | A state attorney general may bring a civil action in federal court to enjoin the telemarketing, enforce the rule, and obtain damages, restitution or other compensation for residents. |
| A private person (TSR) | 15 U.S.C. 6104 | A person adversely affected by a pattern or practice of telemarketing that violates the TSR may sue within 3 years after discovery, if the amount in controversy exceeds $50,000 in actual damages for each person adversely affected. |
The FTC’s guidance adds that each call may be considered a separate violation, including calls made without paying the required registry fee. The FCC also enforces its own rules. TCPA damages for autodialed and prerecorded calls are covered in TCPA violations and fines.
Private rights of action for DNC violations
Most private DNC suits are brought under the TCPA, because 227(c)(5) sets damages without requiring proof of a dollar loss. Two conditions in the statute matter:
- More than one call. The person must have received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the rules.
- Affirmative defense. It is a defense that the defendant had established and implemented, with due care, reasonable practices and procedures to prevent telephone solicitations that violate the rules.
The private right under the Telemarketing Act (15 U.S.C. 6104) is narrower: it requires a pattern or practice of violations and more than $50,000 in actual damages for each person adversely affected, and it must be brought within 3 years after discovery.
The DNC safe harbor
Both rules protect a business from liability for calls made in error if its routine practice meets set standards (16 CFR 310.4(b)(3); 47 CFR 64.1200(c)(2)(i)). The standards in both rules are close:
- Written procedures to comply with the do-not-call rules, established and implemented.
- Personnel, and any entity assisting in compliance, trained in those procedures.
- A maintained and recorded list of numbers the seller may not contact.
- A process that prevents calls to listed numbers, using a registry version obtained no more than 31 days before the call, with records documenting the process.
- Registry access purchased by the business itself, with no cost-sharing arrangement (FCC rule).
- Monitoring and enforcement of the procedures (FTC rule).
- The violating call was the result of error.
How DNC violations happen in lead generation
Lead generation adds parties between the consumer and the caller, and DNC problems usually come from gaps between them:
- Consent that does not cover the caller. A buyer calls a registered number relying on a form that does not clearly authorize that buyer. See express written consent.
- Opt-outs that stop at one party. A person tells a buyer to stop, but the lead is resold to another buyer that calls.
- Stale scrubs. Aged leads are called weeks later without a fresh registry check.
- Relying on another party’s requests list. Under 64.1200(d)(3), if do-not-call requests are kept by someone other than the business on whose behalf the call is made, that business is liable for failures to honor them.
Summit Leads captures TCPA consent on every lead and delivers consent certificates, which buyers use with their own DNC scrubbing. The lead lifecycle from form to sale is explained in the lead generation industry guide. Publishers who send traffic can read the publisher program page.
What to do after a DNC complaint
Stop calling the number
Add it to your internal do-not-call list at once, and tell any telemarketer calling for you.
Preserve the records
Keep the consent certificate, the form version, scrub records for the call date, call logs and recordings. Do not delete anything.
Trace the lead
Find the source, the date of capture, the consent text shown and every buyer the lead went to.
Check the scrub
Confirm whether the number was on the registry or an internal list on the call date, and which registry version was used.
Talk to counsel
A lawyer can assess the claim and any defense, including the safe harbor and the affirmative defense in 227(c)(5).
Buying MVA or home improvement leads? Each Summit lead comes with a consent certificate.
Common mistakes
- Assuming a lead form exempts every call. The exemption depends on what the consent says and who is calling.
- Scrubbing once. The registry version must be no more than 31 days old at the time of each call.
- Calling without your own registry subscription. The FTC treats calls made without paying for access as violations.
- Keeping no written policy. Written procedures and training are part of both the FCC rule and the safe harbor.
- Not passing opt-outs down the chain. An opt-out given to one party should stop the lead from being sold or called again.
For publishers
Sending traffic to Summit landers? Read the publisher traffic guidelines and TCPA basics for lead gen affiliates. For how the wider industry works, see the lead generation industry guide.
Frequently asked questions
What is the penalty for a DNC list violation?
The FTC states civil penalties of up to $53,088 for each TSR violation. Under 47 U.S.C. 227(c)(5), a consumer may recover up to $500 per violation, or up to three times that for willful or knowing violations. See the FTC guidance.
Can I sue for DNC violations?
The TCPA lets a person sue if they received more than one call within 12 months by or on behalf of the same entity in violation of the Do Not Call rules. Whether a claim exists depends on the facts; talk to a lawyer.
Is one call to a number on the DNC list a violation?
A single call can violate the FTC rule. The TCPA private right of action in 227(c)(5) requires more than one violating call in 12 months from the same entity.
How long do you have to honor a do-not-call request?
Under 47 CFR 64.1200(d)(3), within a reasonable time not exceeding ten business days, and the request must be honored for 5 years under 64.1200(d)(6).
Is this legal advice?
No. This page is general information about the federal rules and statutes. Talk to a lawyer about any complaint or claim.
Related guides
- TCPA compliance hub: Every TCPA guide on the site.
- DNC list for businesses: Registry access, scrubbing and state lists.
- Telemarketing Sales Rule: What the FTC rule covers.
- TCPA violations and fines: Statutory damages and deadlines under the TCPA.
- Consent record-keeping: The records that support a defense.
Sources
- 16 CFR Part 310, Telemarketing Sales Rule, Electronic Code of Federal Regulations
- 47 CFR 64.1200, Delivery restrictions, Electronic Code of Federal Regulations
- 47 U.S.C. 227, Restrictions on use of telephone equipment, Legal Information Institute, Cornell Law School
- Complying with the Telemarketing Sales Rule, Federal Trade Commission
- 16 CFR 1.98, Adjustment of civil monetary penalty amounts, Electronic Code of Federal Regulations
- 15 U.S.C. 6103, Actions by States, Legal Information Institute, Cornell Law School
- 15 U.S.C. 6104, Actions by private persons, Legal Information Institute, Cornell Law School
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