The Telephone Consumer Protection Act (TCPA), including the Federal Communications Commission’s (FCC) implementing regulations, is full of technical requirements for calling and texting campaigns. A significant portion of these restrictions are related to do-not-call (DNC) rules, which includes the National DNC Registry and internal DNC requests.
Internal DNC requests are separate from the National DNC Registry, as they require companies to maintain their own internal list of consumers who wish not to be contacted. Understanding internal do-not-call rules is an important step in your company’s compliance journey.
What is an Internal DNC List?
An internal do-not-call (DNC) list is maintained by a company to track consumers who made a specific request not to be contacted with future sales calls or texts by, or on behalf of, that company. The list must include each such consumer’s name (if provided) and telephone number.
Under the FCC’s regulations, a person or entity that initiates the following types of calls or texts must maintain an internal DNC list:
- Sales calls or texts to residential telephone lines; and
- Certain types of artificial or prerecorded voice calls to residential telephone lines that do not require consent.
Internal DNC List vs National DNC Registry
While the FCC regulations regarding the National DNC Registry and internal DNC requests are tied to the same subsection of the TCPA, it is important to understand that they are different.
The National DNC Registry is maintained by the Federal Trade Commission (FTC). And the related FCC regulation applies to residential telephone subscribers who wish not to receive unsolicited sales calls. The FCC’s DNC regulations apply to anyone making unsolicited sales calls to residential telephone lines.
Once a person adds their residential number to the Registry, no caller can make a sales call to them unless (1) the person requested or permitted the caller to call them, or (2) the caller has an established business relationship with the person.
Unlike the National DNC Registry, internal do-not-call lists are created and maintained by individual companies. A company’s internal list is unique to it, as the list contains consumers who made DNC requests specifically to the company (and can include numbers that are not on the National DNC Registry).
It is unlikely that any two companies’ internal do-not-call lists are identical. Once a company receives a consumer’s do-not-call request, it must include that consumer on its internal list, regardless of whether that consumer’s residential telephone line is registered on the National DNC Registry.
Why Having an Internal DNC List Matters
If your business is required to maintain an internal do-not-call list, staying compliant is crucial to avoiding potential penalties and TCPA lawsuits. Failure to comply can result in penalties up to $1,500 per violation.
Beyond legal requirements, maintaining an internal list can help your business maintain strong relationships with consumers. Respecting do-not-call requests shows consumers that your business is committed to compliant practices and respecting consumer privacy.
Internal DNC Rules & Requirements
To comply with the FCC’s internal do-not-call rules, applicable companies must meet the following requirements.
- Maintain Clear Policies: Maintain, and have a written policy for maintaining, an internal DNC list. That written policy must be available on demand—yes, you need to send a copy of your written policy to anyone who requests it.
- Honor Requests in a Reasonable Timeframe: Immediately record a consumer’s DNC request and place the consumer’s name (and telephone number) on your internal list. You must honor this request within a reasonable timeframe, not to exceed 30 days from the date of the request. (Effective April 11, 2025, the reasonable time for honoring such requests cannot exceed 10 business days. Courts have already held that the reasonable time for a company to honor such requests may be less than 30 days.)
- Maintain Records: Honor, and maintain the records of, a consumer’s DNC request for 5 years.
- Train Employees: Train employees on the existence and use of the company’s internal DNC list.
- Obtain Consent: In order to share or forward the consumer’s DNC request to another person or entity, you must obtain the consumer’s prior express permission, unless (1) the calls were made on behalf of such person or entity or (2) it is an affiliated entity.
- Provide Contact Information: When making calls or sending texts, have the caller or texter provide (1) their name (2) the name of the person or entity on whose behalf the call was made, and (3) a telephone number or address at which such person or entity can be contacted (there are additional requirements regarding the provided telephone number).
Importantly, a consumer’s DNC request only applies to the entity making the call or sending the text, or on whose behalf the call or text was made. The only exemption is if the consumer specifically requests, or it is reasonable for the consumer to expect, that their request applies to affiliated entities.
Tips & Advice for Maintaining an Internal DNC List
Courts have held that consumers have a private right of action for violations of the TCPA’s internal do-not-call rules. Thus, compliance with those regulations is crucial. Below are some tips and advice for maintaining an internal DNC list and honoring consumers’ do-not-call requests.
Honor Requests As Soon As You Receive Them
If you are required to maintain an internal do-not-call list, you should seek to honor consumers’ DNC requests as quickly as possible, as there is no guarantee that you will be entitled to the full 30-day grace period (being reduced to 10 business days on April 11, 2025). Internal do-not-call lists should be updated frequently to ensure any new requests are promptly processed and honored.
Provide a Clear Way to Opt Out
A consumer’s DNC request applies to both calls and texts, unless a consumer makes it clear that their request only applies to one of those forms of communication. When making calls or texts to consumers, provide them with a clear way to opt out of receiving future calls and texts. The less confusion there is around a consumer’s request, the easier it will be for you to record and honor it.
Monitor All Channels
Be on the lookout for consumers making DNC requests through ways other than calls or texts. For example, consumers may make such requests through emails or letters. And if you are making sales calls or texts to consumers via separate channels (voice and SMS, for example), be sure you’re promptly aggregating your internal list so that you suppress all regulated forms of solicitation to them across those channels.
Use Tools to Track Requests
Make compliance easier for you and your team with call center software that has built-in DNC list management. With Readymode, you can import, export, filter and edit your do-not-call list—all in the same platform you use for outbound calling.
Avoid Known TCPA Plaintiffs
An internal do-not-call list can be used for more than just recording and honoring consumers’ requests. For example, an internal DNC list can be used to ensure you don’t make calls to certain consumers, such as known TCPA plaintiffs.
The Bottom Line
Internal DNC lists exist to protect both businesses and consumers. With the right practices and tools in place, compliance becomes an opportunity to build trust with your customers and safeguard your business.
This article is for informational purposes only; it is not legal advice. Please consult a qualified attorney for your specific compliance needs.
Joe Bowser
Joe Bowser is a partner at Roth Jackson. He has been practicing communications and marketing law for two decades. He advises and defends calling and SMS platform providers (like Readymode), carriers/VoIP providers, and heavy users of those services in their wide range of compliance needs. In his spare time, you can find him taking his boys to their sports, getting in a workout of his own, or catching an Arsenal match.
