Do Not Call Rules for Contractors: Registry, Scrubbing, and Exemptions

The National Do Not Call Registry is the most widely known telemarketing rule — and one of the easiest to violate by accident, especially when calling old leads or buying lists. Here's how it applies to contractors who call homeowners.

This is general information, not legal advice.

What the registry is

The National Do Not Call Registry, run by the Federal Trade Commission, lists phone numbers whose owners don't want telemarketing calls. It covers residential lines and cell phones, and registrations don't expire. Sales calls to homeowners about home improvement services are telemarketing calls, so the registry applies.

Accessing and scrubbing

• Subscribe through the FTC's telemarketer access system. Access to a limited number of area codes is free; larger areas carry annual fees.
• Scrub every calling list against the registry using a version no more than 31 days old.
• Document it — keep records of when and how lists were scrubbed.
• Vendors calling for you need their own access; ask how they scrub.

Your internal do-not-call list

Separately from the registry, you must keep a company-specific do-not-call list. When a homeowner asks not to be called, add them, honor the request promptly, and keep honoring it — federal rules require honoring these requests for five years. The request applies to your company even if the number isn't on the national registry.

Exemptions that may apply

Established business relationship (EBR)

You may call a number on the registry if you have an established business relationship:

• Up to 18 months after the customer's last purchase or transaction with you
• Up to 3 months after the customer's inquiry or application

An EBR doesn't override an internal do-not-call request. And it doesn't replace consent requirements for automated or prerecorded calls.

Express written permission

If the homeowner gave signed, written permission to be called by your company (electronic signatures can count), you may call even if the number is registered.

Where contractors get into trouble

• Old leads. An inquiry from eight months ago no longer supports an EBR. See reviving dead leads.
• Purchased and aged lists. You can't rely on someone else's relationship with the homeowner. See aged leads.
• Skipping the scrub "just this once."
• Not recording verbal requests to stop calling.
• Assuming cell phones are exempt. They aren't.

State do-not-call lists

Some states maintain their own do-not-call lists or registration requirements in addition to the national registry — Texas, Florida, Pennsylvania, Indiana, Colorado, and Missouri are among those often cited. If you call into those states, check whether you must scrub state lists or register as a telemarketer.

Penalties

Consumers who receive more than one telemarketing call within 12 months in violation of Do Not Call rules can sue, with damages up to $500 per violation and up to $1,500 if willful. Regulators can seek civil penalties as well. The broader picture is in TCPA compliance for contractors.