New Jersey's Do Not Call Law
The New Jersey Do Not Call Law protects New Jersey consumers from receiving annoying telemarketing calls.
The New Jersey Do Not Call Law protects New Jersey consumers from receiving annoying telemarketing calls. Under the law, if you register on the federal or New Jersey Do No Call List, telemarketers are prohibited from calling you (there are some exceptions).
(To learn about other New Jersey laws that protect consumers, visit our New Jersey Debt Management & Consumer Law Center.)
How Does the New Jersey Do Not Call Law Work?
New Jersey's Do Not Call Law prohibits telemarketers from calling New Jersey consumers who have registered their home and/or cell phone numbers on either the state or federal Do Not Call Registries.
Which Phone Numbers Can Be Registered?
The registry only covers residential and personal cell phones. Business to business calls are not covered under the law.
What Is a Telemarketer?
Telemarketers are defined under the statute as, "any person or company making residential telemarketing sales calls to a customer in New Jersey, whether on its behalf or on behalf of others."
New Jersey's Do Not Call Law requires telemarketers to:
- register annually with the New Jersey Division of Consumer Affairs, disclose information about their business operations, and pay a registration fee.
- search the Do Not Call registry every three months and delete from their call lists telephone numbers that are in the registry
- keep and maintain an "in house" Do Not Call list for existing customers, and
- if making a telemarketing sales call to a New Jersey consumer, identify itself and the purpose of the call within the first 30 seconds.
Under New Jersey's Do Not Call Law, telemarketers are strictly prohibited from doing any of the following:
- calling New Jersey consumers who have placed their phone numbers on the Do Not Call registry
- calling New Jersey consumers who are not on the Do Not Call registry between the hours of 9:00 p.m. and 8 a.m., and
- intentionally blocking a consumer's use of his or her caller identification service.
Exceptions: Calls That Telemarketers May Make
There are some exceptions to the prohibition on making calls to New Jersey residents on the list. Telemarketers may make the following types of calls even if the consumer is on the Do Not Call registry unless the consumer specifically notifies the telemarketer not to contact him or her.
- Calls to an existing customer. An existing customer is defined as having a current written contract with the seller/telemarketer, owes money for goods and services, and is receiving continuing service.
- Calls to an established customer. An established customer is defined as a customer for whom a seller/telemarketer has previously provided goods and services.
- Calls made by or on behalf of charities, political organizations, or pollsters.
- Calls which the consumer has given express written permission to be made.
How to Register for the Do No Call List
The State of New Jersey uses the National Do Not Call registry which is maintained by the Federal Trade Commission (FTC). A consumer can stop telemarketing sales calls by:
- Calling the FTC at 888-382-1222. When registering, you must call from the telephone number you want to register.
- Registering on the National Do Not Call registry website at www.donotcall.gov.
- Registering on the New Jersey Division of Consumer Affairs website at www.njnocall.org.
Participating in the Do Not Call registry is free. Once registered, a telephone number will remain on the registry for five years. If you move and change telephone numbers, you must register any new telephone numbers.
You can request to have your telephone number removed from the list at any time by calling 888-382-1222 from the telephone number that you want to have removed.
What If Telemarketers Continue to Call?
If you registered your telephone number on the Do Not Call registry, 90 days has elapsed, and you continue to receive telemarketing calls, contact the New Jersey Division of Consumer Affairs at 888-NJNOCALL or fill out a complaint for at www.nj.gov/donotcall.
In order to file a complaint, you will need to provide:
- the date of the call
- the name of telemarketer, and
- the telemarketer's address and telephone number, if available.
The New Jersey Division of Consumer Affairs is responsible for investigating and vigorously enforcing New Jersey's Do Not Call Law.
You may also sue the telemarketer in civil court. A violation of the New Jersey Do Not Call Law is also a violation of the New Jersey Consumer Fraud Act. Such a violation can entitle the consumer to triple damages and attorneys' fees.