North Dakota Telemarketing and Cold Calling Laws
In North Dakota, sales calls are allowed 8 a.m.–9 p.m., the National Do Not Call Registry applies, and recording a call needs one party’s consent.
North Dakota rules next to federal law
| Rule | North Dakota | Federal baseline |
|---|---|---|
| Calling hours | No telephone solicitation, and no use of an automatic dialing-announcing device, before 8 a.m. or after 9 p.m. at the subscriber's location (same as federal). No day-of-week restriction.N.D. Cent. Code § 51-28-05 | Telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time.47 C.F.R. § 64.1200(c)(1) |
| State do-not-call list | The Attorney General uses the FTC's National Do Not Call Registry as North Dakota's list; registering a 701 number puts it on both. No telephone solicitation to a number that has been on the list for at least 31 days; calls with prior express written consent or an established relationship (purchase or transaction within 24 months) are not telephone solicitations.N.D. Cent. Code §§ 51-28-01(4), (8), 51-28-06, 51-28-09 | No telephone solicitations to residential or wireless numbers on the National Do Not Call Registry, subject to the rule’s exemptions such as an established business relationship.47 C.F.R. § 64.1200(c)(2) |
| Autodialer and consent | Autodialers that play recorded messages, and prerecorded or synthesized voice messages, may be used only if the subscriber knowingly requested or consented, or a live operator first gets consent (exceptions include current business relationships, emergencies, schools and work schedules). Autodialers must disconnect within 10 seconds of hang-up, and random or sequential dialers must skip emergency, cellular and do-not-call numbers.N.D. Cent. Code §§ 51-28-02, 51-28-03, 51-28-04 | Autodialed or prerecorded telemarketing calls to wireless numbers need the called person’s prior express written consent.47 C.F.R. § 64.1200(a)(2) |
| Caller ID | Solicitors may not knowingly block or circumvent caller ID, and must state at the start of the call their true first and last name, phone number, city and state, and the business they represent. A 2019 section also bars displaying a number the caller does not own or have permission to use, but a 2020 federal decision reportedly held it unconstitutional.N.D. Cent. Code §§ 51-28-07, 51-28-08, 51-28-08.1 | Telemarketers must transmit caller ID with a number that can be called back during business hours.47 C.F.R. § 64.1601(e) |
| Telemarketer registration | No telemarketer registration requirement appears in N.D. Cent. Code ch. 51-28, and the Attorney General's do-not-call guidance mentions none.Source | No general federal equivalent |
| Call recording consent | Recording is lawful when the recorder is a party to the call or one party has given prior consent, and the recording is not made to commit a crime or other unlawful harm.N.D. Cent. Code § 12.1-15-02(3)(c) | Federal law allows recording when one party to the call consents.18 U.S.C. § 2511(2)(d) |
| Business-to-business calls | Yes, in effect. The rules protect 'subscribers,' defined as people with a residential telephone line (and those living with them), and the Attorney General says the law applies only to personal phones, not phones used for business.N.D. Cent. Code § 51-28-01(6) | No general federal equivalent |
Recent changes
- 2019: HB 1161 added § 51-28-08.1, banning caller ID that is misleading with intent to defraud or that shows a number the caller does not own or have permission to use, with $5,000-$10,000 per-call private damages; it was challenged in federal court in 2020 (SpoofCard, LLC v. Burgum).
Calling North Dakota from a sales team
- Schedule call blocks in the prospect’s local time, not the rep’s.
- Check numbers against the National Do Not Call Registry before each campaign, and honor opt-outs right away.
- If a call may cross into an all-party state, announce the recording anyway.
Trellus dials from the CRM list your reps already work, with each call logged back to the record. See the power and parallel dialer.
North Dakota calling questions
What are the legal calling hours in North Dakota?
No telephone solicitation, and no use of an automatic dialing-announcing device, before 8 a.m. or after 9 p.m. at the subscriber's location (same as federal). No day-of-week restriction. (N.D. Cent. Code § 51-28-05). Federal law also limits telephone solicitations to 8 a.m. to 9 p.m. local time.
Does North Dakota have its own do-not-call list?
The Attorney General uses the FTC's National Do Not Call Registry as North Dakota's list; registering a 701 number puts it on both. No telephone solicitation to a number that has been on the list for at least 31 days; calls with prior express written consent or an established relationship (purchase or transaction within 24 months) are not telephone solicitations. (N.D. Cent. Code §§ 51-28-01(4), (8), 51-28-06, 51-28-09)
Is North Dakota a one-party or all-party consent state for recording calls?
Recording is lawful when the recorder is a party to the call or one party has given prior consent, and the recording is not made to commit a crime or other unlawful harm. (N.D. Cent. Code § 12.1-15-02(3)(c))
Do North Dakota telemarketing rules apply to business-to-business calls?
Yes, in effect. The rules protect 'subscribers,' defined as people with a residential telephone line (and those living with them), and the Attorney General says the law applies only to personal phones, not phones used for business. (N.D. Cent. Code § 51-28-01(6))
Do telemarketers need to register in North Dakota?
No telemarketer registration requirement appears in N.D. Cent. Code ch. 51-28, and the Attorney General's do-not-call guidance mentions none.
This page summarizes North Dakota and federal rules for general information. It is not legal advice, rules change, and exemptions depend on the facts of your calls. Read the cited sources or ask counsel before relying on it.