Do Not Call Violations: Fines and DNC Compliance

What Is a Do Not Call Violation?

A do not call violation is a telephone solicitation placed to a number the caller was not allowed to call: either a number on the National Do Not Call Registry without a recognized exception, or a person who already asked that caller (or the company it calls for) to stop. Federal DNC rules come from two places. The FCC's rules under the Telephone Consumer Protection Act (TCPA) cover telephone solicitations to residential subscribers (47 CFR 64.1200(c)(2) and (d)). The FTC's Telemarketing Sales Rule (TSR) has parallel provisions for outbound telemarketing calls (16 CFR 310.4(b)(1)(iii)).

For insurance agents, the TSR comes with a qualifier. Whether the TSR reaches a given insurance call depends on the FTC's limited jurisdiction over the business of insurance: under 15 U.S.C. 1012(b), the FTC Act applies to insurance only to the extent that business is not regulated by state law (U.S. Code, 2022 edition, govinfo.gov). The FCC's TCPA rules do not carry that limit.

The FCC defines a telephone solicitation as initiating a call or message to encourage the purchase of goods or services. That definition excludes calls made with the person's prior express invitation or permission, calls to someone with whom the caller has an established business relationship, and calls by tax-exempt nonprofits (47 CFR 64.1200(f)(15)).

Can I Call a Number on the Do Not Call List?

Generally, not with a telephone solicitation, unless an exception applies. The FCC's rule protects a residential subscriber who has registered a number on the national registry, and a registration stays in effect until the consumer cancels it or the number is removed by the administrator (47 CFR 64.1200(c)(2)). The exceptions in the rule include prior express permission evidenced by a signed, written agreement (47 CFR 64.1200(c)(2)(ii)) and, through the definition above, an established business relationship.

The TSR's version is similar, subject to the same McCarran-Ferguson limit on FTC jurisdiction over insurance (15 U.S.C. 1012(b)): a seller or telemarketer may call a registered number only if it can show the person's express written agreement, which must include the number to be called and the person's signature, or an established business relationship that the person has not ended with a do-not-call request (16 CFR 310.4(b)(1)(iii)(B)).

Older leads deserve extra care, because consent and business relationships can age out. Our guide to aged final expense leads and federal calling rules walks through those checks.

What Does an Internal Do Not Call List Require?

The national registry is only half of DNC compliance. The FCC also requires anyone making telemarketing calls to residential subscribers to keep procedures for a company-specific do-not-call list, with these minimum standards (47 CFR 64.1200(d)):

Written policy: a written policy for maintaining the do-not-call list, available on demand ((d)(1)).
Training: personnel involved in telemarketing are informed and trained on the list and how to use it ((d)(2)).
Recording and honoring requests: a request is recorded when it is made and honored within a reasonable time, not to exceed 10 business days from receipt ((d)(3)).
Identification: the caller gives the individual caller's name, the name of the entity the call is for, and a telephone number or address where that entity can be contacted ((d)(4)).
Duration: a do-not-call request must be honored for 5 years from the time it is made ((d)(6)).

The TSR separately treats calling someone who previously said they do not want calls from that seller as a violation (16 CFR 310.4(b)(1)(iii)(A)), subject to the McCarran-Ferguson qualifier above.

What Are the Do Not Call Violation Fines and Penalties?

DNC exposure comes in separate kinds, and it helps to keep them apart. Private lawsuits are brought by consumers. Agency civil penalties are sought by regulators. Criminal penalties are a different matter and are not covered here.

Exposure Type	Who Brings It	Amount	Citation
Private lawsuit	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 DNC regulations	Actual monetary loss or up to $500 per violation, whichever is greater; the court may increase the award up to three times if the violation was willful or knowing	47 U.S.C. 227(c)(5)
State action	A state attorney general or designated state official or agency, for a pattern or practice of violating calls	Actual monetary loss or $500 per violation, whichever is greater; up to three times if willful or knowing	47 U.S.C. 227(g)(1)
FTC civil penalty (TSR)	FTC, subject to the McCarran-Ferguson limit for insurance	Up to $53,088 per violation; the FTC says each call may be considered a separate violation	16 CFR 1.98(d); FTC Q&A for Telemarketers and Sellers
FCC forfeiture	FCC	For persons other than common carriers, broadcast licensees and cable operators, up to $25,132 per violation or per day of a continuing violation, up to $188,491 for a single continuing act	47 U.S.C. 503(b)(2)(D); 90 FR 3710 (2025); FCC DA 26-600

The FTC amount comes from 16 CFR 1.98(d), the inflation-adjusted maximum for rule violations under Section 5(m)(1)(A) of the FTC Act. In a September 15, 2026 Federal Register notice, the FTC said its penalty amounts remain unchanged in 2026 and it will keep applying the 2025 levels. The FCC amounts come from its 2025 inflation adjustment to 47 CFR 1.80 (published January 15, 2025). In an Enforcement Bureau public notice (DA 26-600, June 17, 2026), the FCC said there would be no 2026 inflation adjustment and that it would follow OMB guidance to keep using the 2025 levels. These are maximums.

States can also act through their own laws, and state insurance departments regulate agent conduct. Check your state's telemarketing statute and your insurance department's rules with counsel. For the wider TCPA picture, including autodialer and prerecorded-call rules, see TCPA violations and fines for insurance agents.

Is There a Safe Harbor for DNC Mistakes?

Yes. Both rule sets recognize that errors happen, but only for callers with a real, documented program. Under the FCC rule, a caller making a call in error is not liable for a registry violation if it can show that, as part of its routine business practice, it has (47 CFR 64.1200(c)(2)(i)):

established and implemented written procedures to comply with the national do-not-call rules;
trained its personnel in those procedures;
maintained and recorded a list of numbers the seller may not contact;
used a process to prevent solicitations to any number on those lists, using a version of the national registry obtained no more than 31 days before the call, and kept records documenting that process; and
used a process to make sure it does not sell, rent, lease, purchase or use the national database for other purposes, and obtained access directly from the administrator.

Where the TSR applies to an insurance call (a question of the FTC's limited insurance jurisdiction under 15 U.S.C. 1012(b)), its safe harbor (16 CFR 310.4(b)(3)) has similar elements, adds that the seller or telemarketer monitors and enforces compliance with its procedures, and requires that a violating call be the result of error. In private suits, the statute provides an affirmative defense if the defendant shows it established and implemented, with due care, reasonable practices and procedures to effectively prevent DNC violations (47 U.S.C. 227(c)(5)).

How Do You Stay DNC Compliant?

According to the FTC, starting October 1, 2026 the annual fee is $85 per area code, with a maximum of $23,425 for every area code nationwide; the first five area codes are free, and telemarketers must subscribe each year (FTC press release, August 26, 2026).

A DNC compliance checklist built from these rules:

Write a do-not-call policy and keep it available on demand (47 CFR 64.1200(d)(1)).
Train everyone who dials, plus anyone who helps with compliance, and log the training dates (47 CFR 64.1200(d)(2)).
Subscribe to the registry for every area code you call, directly or through a vendor that accesses it on your behalf, and renew each year.
Scrub call lists against a registry version obtained no more than 31 days before each call, and save a dated record of every scrub (47 CFR 64.1200(c)(2)(i)(D)).
Record every stop-calling request when it is made, with date, time, number and who took it, and honor it within 10 business days (47 CFR 64.1200(d)(3)).
Keep internal DNC entries for at least 5 years and apply them across every list, dialer and agent (47 CFR 64.1200(d)(6)).
Identify yourself, the entity you are calling for and a contact number or address on every call (47 CFR 64.1200(d)(4)).
Store proof of any signed written permission or established business relationship you rely on to call a registered number.
Audit periodically, and fix gaps when you find them.

What Records Help If a Complaint Arrives?

The safe harbors and the statutory defense all depend on what you can show. A dated record of registry scrubs, your internal DNC list entries, and how and when each request was honored is the evidence an agent can produce if a complaint or demand letter arrives. Our article on the TCPA consent audit trail covers what to save and for how long.

Where Do Inbound Calls Fit?

A call the consumer places to you is a different situation from outbound dialing. The FCC's DNC rules are written around telephone solicitations a caller initiates (47 CFR 64.1200(f)(15)), so a consumer calling in raises different questions. Callbacks, follow-up calls and texts after the first conversation are outbound, and a stop request made on an inbound call still belongs on your internal list. Confirm how your specific call flows are treated with counsel. See our pages for agents and agencies.

Frequently Asked Questions

How Much Is a Do Not Call Violation Fine?

It depends on who brings the claim. A consumer can sue for actual loss or up to $500 per violation, up to three times that if willful or knowing (47 U.S.C. 227(c)(5)). For TSR violations, the FTC can seek up to $53,088 per violation, the 2025 inflation-adjusted level, unchanged for 2026 per the FTC's Sept. 15, 2026 notice (16 CFR 1.98(d)); whether the TSR reaches an insurance call depends on the FTC's limited insurance jurisdiction (15 U.S.C. 1012(b)). FCC forfeitures follow 47 CFR 1.80.

How Many Calls Does It Take to Sue Under the DNC Rules?

The private right of action in 47 U.S.C. 227(c)(5) applies to a person who received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the regulations.

How Often Do I Have to Scrub Against the Registry?

The FCC safe harbor refers to a version of the registry obtained no more than 31 days before the call (47 CFR 64.1200(c)(2)(i)(D)).

How Long Does a Do Not Call Request Last?

Under the FCC rule, a company-specific do-not-call request must be honored within a reasonable time not exceeding 10 business days, and for 5 years from when it was made (47 CFR 64.1200(d)(3), (d)(6)).

This article is general education, not legal advice. It summarizes federal do-not-call rules as published in the eCFR, the Federal Register, the U.S. Code and FTC and FCC releases in October 2026; state laws can add requirements. Confirm how these rules apply to your calls with counsel or your compliance team, and check licensing questions with your state insurance department.

Do Not Call Violations: The Fines and How Agents Avoid Them