North Carolina TCPA and telemarketing law
North Carolina has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | N.C. Gen. Stat. §§ 75-100 to 75-105 | ↗ |
| Consent standard | Prior express written consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $500 / violation | ↗ |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
North Carolina's telephone solicitation law, Article 4 of Chapter 75, bars solicitation calls and texts to numbers on the Do Not Call Registry, limits calls to 8:00 A.M. through 9:00 P.M., requires the caller to identify themselves, and forbids caller ID spoofing. Its definition of telephone solicitation covers voice and text communications. Automatic dialing and recorded message players may not be used for unsolicited calls, meaning calls made without the subscriber's signed express invitation or permission, unless a listed exception applies.
A telephone subscriber who receives a solicitation in violation of the Article can sue for an injunction and for $500 for the first violation, $1,000 for the second, and $5,000 for the third and later violations within two years. No suit is allowed for mistaken violations by a solicitor that meets certain exceptions or keeps the required compliance procedures. The Attorney General can seek civil penalties on the same scale.