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North Dakota

Telecom Compliance Reference — Updated January 2023

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$5,000

Registration

Not Required

Overview Calling Hours Consent Registration DNC Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in North Dakota

Real estate investor cold calling and SMS compliance in North Dakota

Guide last reviewed: January 2025

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Mini-TCPA State — N.D.C.C. § 51-28

North Dakota imposes stricter consent and calling requirements than federal TCPA.REI Wholesaling companies operating here face $5,000 per-violation penalties.

North Dakota REI Wholesaling Overview

North Dakota is a low-risk state for REI wholesalers. No separate state DNC list (uses federal only), no state mini-TCPA, and the automatic dialing equipment statute is narrowly focused on prerecorded messages. The practical cold calling path: scrub federal DNC, manual dial between 8 AM–9 PM, and keep records. The "synthesized voice" language in the statute is worth noting for AI voice compliance. Criminal penalties (class B misdemeanor) add modest personal risk for equipment violations.

Penalty/Violation

$5,000

Willful

$5,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Compliance Checklist

✓Scrub against federal National DNC Registry before every campaign (no separate state list),Calling hours: 8:00 AM – 9:00 PM local time,Manual dialing to non-DNC numbers is the viable cold calling method,Obtain prior express written consent before any automated dialing, texting, or AI voice outreach,Do not use automatic dialing equipment for prerecorded messages without prior consent,If using prerecorded messages, include caller identity and callback number,Automatic equipment must disconnect within 30 seconds of hang-up,Honor all opt-out requests immediately,EBR exemption: past sellers with transaction in last 18 months,One-to-one consent required for automated SMS/text outreach under FCC 2025 rule,FSBOs from MLS do not establish an EBR,Maintain call records and consent documentation

What Gets Companies Sued

✗Top violations for REI in North Dakota: (1) Failing to scrub federal DNC Registry; (2) Using automatic dialing equipment without consent; (3) Prerecorded messages without caller identification or callback number; (4) Equipment not disconnecting within 30 seconds; (5) Ignoring opt-out requests.

Special Exemptions

EBR exemption for past sellers within 18 months. B2B exemption for commercial property calls. No separate state DNC list — just federal. No state mini-TCPA — federal post-Duguid ATDS standard applies. North Dakota's "synthesized voice" language may uniquely cover AI voice outreach.

Key State Rules

Mini-TCPAYes

RegistrationNot Required

Class ActionsNot specified

Consent Requirements→Registration Details→DNC List→

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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 →