Do Not Call Compliance

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Do Not Call (DNC) Compliance Guide

At RoboCent, compliance with the National Do Not Call (DNC) Registry, as mandated by the Telephone Consumer Protection Act (TCPA), is essential to ensure that our clients conduct outreach that aligns with federal regulations. Below is a detailed explanation of the DNC Registry, when it applies, and the exemptions that are most relevant to political organizations and nonprofits.

Disclaimer: The information provided here is for general guidance only and should not be considered legal advice. Organizations should consult with an attorney to assess their specific obligations under the Telephone Consumer Protection Act (TCPA) and other related laws.

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What Is the National Do Not Call Registry?

The National DNC Registry is a federal system designed to prevent unwanted telemarketing calls and text messages to residential and mobile phone numbers. Managed by the Federal Trade Commission (FTC), the registry aims to protect consumer privacy by restricting telemarketing communications to numbers listed on the registry.

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When Is Compliance Required?

Organizations are required to check and comply with the DNC Registry if they:

• Engage in telemarketing, defined as sending calls or text messages to induce the purchase of goods or services.

• Use automated or prerecorded voice calls or text messages for promotional purposes.

• Send telemarketing communications to residential or mobile numbers in the U.S.

Before initiating telemarketing efforts, organizations must:

1. Register with the FTC.

2. Purchase access to the relevant sections of the DNC Registry.

3. Regularly scrub their contact lists against the registry to avoid messaging or calling listed numbers.

Failure to comply can result in substantial fines, with penalties of up to $43,792 per violation.

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Exempt Organizations

Certain organizations are exempt from DNC Registry compliance, including political organizations and nonprofits, because their communications are not classified as telemarketing under the TCPA.

1. Political Organizations

Political organizations are exempt from the DNC Registry rules when their outreach is:

• Advocacy-related: Focusing on political messages, voter engagement, or mobilization.

• Non-commercial: Communications that do not promote or induce the sale of goods or services.

Examples of exempt activities include:

• Promoting a candidate or party.

• Conducting political polls or surveys.

• Encouraging voter turnout (GOTV).

2. Nonprofit Organizations

Nonprofit organizations are also exempt if they meet the following criteria:

• True nonprofit status: Must be recognized as a 501(c)(3), 501(c)(4), or similar tax-exempt entity.

• Non-commercial focus: Activities must prioritize advocacy, public service, or charitable fundraising without promoting profit-making products or services.

Important Note: Nonprofits falsely claiming exemption or operating for the financial benefit of members, officers, or affiliates may lose their exemption and face penalties.

Political and Nonprofit messaging are not classified as telemarketing because they serve civic purposes rather than commercial interests.

Key Requirements for Exempt Organizations

Even if exempt, organizations must comply with the following:

1. Entity-Specific Do Not Contact Lists: Maintain an internal list of recipients who have opted out of future communications and honor their requests.

2. Content Rules: Ensure that messages or calls are purely informational, advocacy-related, or soliciting charitable contributions—not sales-focused.

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Why Compliance Matters

DNC compliance is critical, even for exempt organizations, to:

• Build trust with recipients.

• Avoid potential fines or legal action for non-compliance.

• Maintain ethical and transparent communication.

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How RoboCent Helps

RoboCent supports compliance by providing tools and guidance for lawful outreach:

• Targeted Messaging: Designed for exempt organizations, such as political campaigns and nonprofits, to focus on advocacy and outreach.

• Internal DNC Management: Easily manage opt-out requests within our platform.

• Expert Support: While we don’t provide legal advice, our consultants can guide you on best practices for compliance.

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Need Legal Advice? Understanding DNC compliance requires careful assessment of your organization’s practices. Consult with an attorney to determine how the rules apply to your outreach efforts.