North Dakota limits telephone solicitations, including texts, to the hours of 8 a.m. to 9 p.m., bars them to numbers on a do not call list for at least 31 days, and requires consent or a live operator before prerecorded messages.
From official sources, checked September 26, 2026. General information, not legal advice.
A caller may not make a telephone solicitation to a North Dakota subscriber whose number has been on the Attorney General's do not call list, or the national do not call registry, for at least 31 days before the call. The statute lets the Attorney General use the national registry or designate it as the state list. The Attorney General's office says one registration adds a number to both lists, and it directs people to register through the national registry.
A caller may not use an automatic dialing announcing device or make any telephone solicitation before 8 a.m. or after 9 p.m. at the subscriber's location. Because the chapter's definition of telephone solicitation includes text and other electronic communications, the window reaches sales texts as well as calls. The Attorney General lists calling outside these hours among the things telemarketers cannot do even to numbers not on the list.
A caller may not use an automatic dialing announcing device or deliver a prerecorded or synthesized voice message unless the subscriber knowingly requested, consented to, permitted, or authorized it, or a live operator first obtains the subscriber's consent. That operator must disclose at the outset the business, the purpose, the goods or services promoted, and any intent to solicit funds. Devices using random or sequential number generators must exclude emergency numbers, hospital and care facility rooms, paging and cellular services, and listed numbers.
A communication made with the subscriber's prior express written request, consent, invitation, or permission is not a telephone solicitation under the chapter. Neither is a communication by or for a person with whom the subscriber has an established personal or business relationship. The prerecorded message rule separately excludes messages to a subscriber with whom the caller has a current business relationship.
A caller making a telephone solicitation must state at the start of the call its true first and last name, telephone number, city and state, and the business it calls for, and may not knowingly block or circumvent caller identification. A separate section bars knowingly causing caller identification to show a number the caller does not own or has no consent to use, or misleading information meant to defraud or cause harm, unless the caller reasonably believes the recipient is outside the state.
A personal solicitation sale is a sale, lease, or rental of consumer goods or services solicited by telephone or in person, where the buyer agrees away from the seller's place of business. The buyer may cancel until midnight of the third business day after signing a compliant agreement, and buyers 65 or older get a longer period for some purchases. The seller must tell the buyer orally of the right to cancel. Listed exceptions include sales of insurance.
The chapter defines a subscriber as a person who has subscribed to a residential telephone line, or others living with that person, and its telephone line definition covers wireline, wireless, and internet protocol voice service. The do not call, identification, and caller ID sections each protect subscribers in the state. The Attorney General says the law applies only to personal phones, not those used for business purposes.
North Dakota makes intentionally intercepting a wire or oral communication with a device a class C felony. It is a defense that the actor was a party to the communication, or one party gave prior consent, and the communication was not intercepted to commit a crime or other unlawful harm. The chapter defines intercept as the aural acquisition of the contents of a wire or oral communication through a device, or by secretly overhearing it.
The chapter defines a telephone solicitation as any voice, text, or other electronic communication over a telephone line for a sales or donation purpose, and it bars any telephone solicitation before 8 a.m. or after 9 p.m. at the subscriber's location. The same window applies to use of an automatic dialing announcing device.
The Attorney General says one registration adds a number to both the North Dakota and the national list, and registration is done through the National Do Not Call Registry. The statute bars telephone solicitations to numbers on either list for at least 31 days.
Yes. A person who receives a telephone solicitation or message that violates the chapter may sue for an injunction, damages, or both, and the court may award costs and reasonable attorney's fees. The suit must be filed within one year after the person knew or should have known of the violation, or one year after an Attorney General proceeding ends, whichever is later.
Checked September 26, 2026. Every fact on this page comes from these official sources. General information, not legal advice: rules change, so confirm with the cited statute or agency and with counsel.
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