North Dakota TCPA and telemarketing law
North Dakota has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | N.D.C.C. § 51-28-02; N.D.C.C. § 51-28-06 | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $2,000 / violation | ↗ |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
North Dakota's telephone solicitation law, N.D.C.C. chapter 51-28, defines a telephone solicitation as any voice, text, or other electronic communication over a telephone line meant to encourage charitable contributions or sales, so text messages are covered. Callers may not solicit subscribers who have been on the state or national do-not-call list for at least thirty-one days, and may not use an automatic dialing-announcing device or deliver a prerecorded or synthesized voice message unless the subscriber knowingly consented or a live operator first obtains consent. No written consent is required.
Any person who receives a telephone solicitation or message in violation of the chapter may sue for an injunction, damages, or both. The court may award actual damages or up to two thousand dollars per violation, whichever is greater, plus costs and attorney's fees. The attorney general may seek civil penalties of not more than two thousand dollars per violation.