What consent is required for SMS Compliance in North Dakota?

North Dakota has a mini-TCPA (N.D.C.C. § 51-28) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in North Dakota?

North Dakota restricts telemarketing calls to 08:00:00–21:00:00 local time.

What is the penalty per violation in North Dakota?

Up to $5,000 per violation (or $5,000 for willful violations).

Is registration required to telemarket in North Dakota?

North Dakota does not require separate telemarketer registration; federal FTC rules still apply.

Home / States / North Dakota

North Dakota Telecom Compliance Guide

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 Compliance DNC Registry Enforcement Case Law Legislation

North Dakota SMS Compliance Compliance

Text message marketing compliance rules in North Dakota

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Mini-TCPA State — N.D.C.C. § 51-28

North Dakota has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for SMS Compliance operations here.

Consent Requirements

Consent LevelWritten Consent Required

One-to-One Consent Required

Shared consent from lead generators is NOT valid. Consent must specifically name your company.

Checkbox ConsentValid

Statute47 U.S.C. § 227

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.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationNot Required

Penalty / Violation$5,000

Willful Violation$5,000

Private Right of ActionNo

SMS Compliance Compliance Checklist

01Obtain express written consent before sending marketing texts

02Use compliant opt-in language identifying your company

03Honor STOP/OPT-OUT/UNSUBSCRIBE replies immediately

04Send opt-out confirmation within one text

05Disclose message frequency at opt-in

06Include "Msg & Data rates may apply" disclosure

07Do not send texts during prohibited hours

08Scrub against DNC lists before campaigns

09Check if state requires one-to-one consent

10Register 10DLC campaigns before sending

This checklist covers common requirements. State-specific rules may vary. Confirm with legal counsel for high-volume campaigns.

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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 →