The Minnesota Do Not Call Law was implemented in response to consumers' concerns regarding unwanted telemarketing calls to their homes.

The National Do Not Call Registry, under the joint jurisdiction of the Federal Communications Commission and the Federal Trade Commission was implemented a few months later.  Minnesota's law applies to interstate and intrastate calls, while the federal law applies only to interstate calls.

Each law provides exemptions to the restrictions placed on telemarketers; however, it should be understood that the federal law is more restrictive than Minnesota's law. If a telemarketer is compliant with the federal law, it will be compliant with the Minnesota law.  However, if a telemarketer only works to comply with Minnesota law, it will be in violation of the federal law.

NOTE TO TELEMARKETERS: A caller must have obtained a current version of the Minnesota list at least once in the 90 days prior to the telephone solicitation on the phone line of a Minnesota telephone subscriber (Minn. Stat. 325E.314(b)).
For more information on telemarketers' requirements under the federal rule, contact the Federal Trade Commission's web site at www.ftc.gov/donotcall

What is the object of the State law?

To limit the number of unsolicited telemarketing calls made to Minnesota consumers.

Telemarketers identified in the law must purchase a list containing the numbers of Minnesota residents who have registered for the Do Not Call list. You will have 30 days to implement this first list. After that, it is unlawful to make a telephone solicitation to any residential telephone subscriber in this state who has registered their telephone number on the Do Not Call list.

Telemarketers must purchase a current version of the list every 90 days. (more info below)

The telemarketing law, is found in Minnesota Statutes 2002 Chapter 325E.311 - 316

Who does this law apply to?

Any person, corporation, firm, partnership, association, or legal or commercial entity that contacts, or attempts to contact, a residential subscriber in Minnesota by using a telephone or telephone line.

How does the law define "telephone solicitation?"

"Telephone solicitation" means any voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, any property, goods or services. This definition applies whether the communication is made by a live operator, through the use of an automatic dialing-announcing device, or by other means.

Who is exempt from the law?

The law does NOT apply:

• If you have the express invitation or permission of the residential subscriber;

• If you have a prior or current business or personal relationship with the subscriber;

• If you are calling on behalf of a non-profit or political organization; (Qualify for tax exemption under 501 (c) (3) or described in section 170 (c), (2), (3), (4) or (5) of the Internal Revenue Code of 1986.)

• If there is no intention to complete a sales presentation during the call, but that same individual does in fact complete the sales presentation at a later face-to-face meeting with the prospective purchaser.

How to purchase the Do Not Call list

Changes to the applicable MN Statutes provide that a vendor wishing to do business in Minnesota may meet its requirement to purchase a list of Minnesota numbers by showing proof of having purchased the federal do not call list. Said proof should include evidence that the list purchased contains all applicable Minnesota area codes. This list must still be purchased/updated every 90 days.

Check here periodically for more information on the procedure for purchasing the list .

Violations and Penalties

Enforcement of the law is provided by the Commissioner of Commerce.

Failure to follow the terms of the Do Not Call law may lead to a civil penalty of up to $1,000 for each violation.

Additional requirements:

Callers must identify themselves clearly at the beginning of the call and provide their telephone number if requested.

No caller who makes a telephone solicitation to a residential subscriber in this state shall knowingly use any method to block or circumvent the subscriber's use of a caller identification service.

Information on the Do Not Call list can only be used for purposes of complying with this law. Individual's information on the list is private data.

If you are a telemarketer and have a question about obtaining a Do Not Call list, please call 651-296-2488.

Click here to buy the list.