North Dakota Consent Requirements
What consent you need before calling or texting consumers in North Dakota
Mini-TCPA State — Stricter than Federal
North Dakota has enacted N.D.C.C. § 51-28 which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in North Dakota for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Written Consent Required | Required | No | Not Sufficient |
| Ringless Voicemail | Written Consent Required | Required | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
North Dakota requires prior express consent for telemarketing voice calls. Calling hours 8 AM–9 PM. Uses federal DNC Registry (no separate state list). Manual dialing to non-DNC numbers is the standard cold calling path. Relatively straightforward compliance compared to mini-TCPA states.
ATDS Definition
North Dakota defines automatic dialing equipment as equipment that dials telephone numbers and delivers prerecorded or synthesized voice messages. This is narrower than some state mini-TCPA definitions and aligns with the device-focused approach.
Statute
N.D.C.C. § 51-28-01
SMS
Notes
North Dakota defers to federal TCPA for SMS consent. Prior express written consent for autodialed/marketing texts. One-to-one consent required under FCC January 2025 rule.
ATDS Definition
No state-specific ATDS definition for SMS. Federal TCPA/FCC definition applies.
Statute
47 U.S.C. § 227
AI Voice
Notes
North Dakota's reference to "synthesized voice messages" in its automatic dialing equipment statute may cover AI-generated voices. FCC 24-17 classification of AI voices as artificial/prerecorded applies. Prior express written consent required.
ATDS Definition
No state-specific AI voice definition. The N.D.C.C. § 51-28-01 reference to "synthesized voice messages" may encompass AI-generated voices. Federal FCC 24-17 classification applies.
Statute
N.D.C.C. § 51-28-01; 47 U.S.C. § 227; FCC 24-17
Prerecorded
Notes
North Dakota has state-level restrictions on prerecorded messages via automatic dialing equipment. Must identify caller, provide callback number, and disconnect within 30 seconds. Federal TCPA written consent also applies.
ATDS Definition
N.D.C.C. § 51-28-01 covers automatic dialing equipment delivering prerecorded or synthesized voice messages. Must include caller ID and callback number in the message.
Statute
N.D.C.C. § 51-28-01 to § 51-28-06; 47 U.S.C. § 227(b)(1)(B)
Ringless Voicemail
Notes
Ringless voicemail drops are treated as calls under federal TCPA. Prior express written consent required for marketing RVM.
ATDS Definition
No state-specific definition. FCC treats ringless voicemail as a call under TCPA.
Statute
47 U.S.C. § 227
MMS
Notes
MMS follows federal TCPA consent framework. Prior express written consent required. One-to-one consent under FCC 2025 rule.
ATDS Definition
No state-specific definition. Federal TCPA applies.
Statute
47 U.S.C. § 227
Fax
Notes
Unsolicited fax advertising follows federal TCPA rules. EBR exemption available. Must include opt-out.
ATDS Definition
Federal TCPA Junk Fax Prevention Act standards apply.
Exemptions
EBR exemption for faxes to existing business relationships with opt-out notice.
Statute
47 U.S.C. § 227(b)(1)(C)
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →