New Jersey's Do Not Call Law

New Jersey's do not call law protects consumers from telemarketing calls.

By , Attorney · Widener University School of Law
Updated by Amy Loftsgordon, Attorney · University of Denver Sturm College of Law

The New Jersey do not call law protects New Jersey consumers from annoying telemarketing calls. Under this law, if you register on the federal do not call list, telemarketers are prohibited from calling you, subject to some exceptions.

What Is New Jersey's Do Not Call Law?

New Jersey's do not call law (N.J. Stat.§ 56:8-119 and following) prohibits telemarketers from calling New Jersey consumers who have registered their home and/or cell phone numbers on the federal do not call registry.

How Does the Do Not Call Law Work in New Jersey?

New Jersey's do not call law covers most telemarketing sales calls, no matter where the telemarketer is calling from.

Who Is Covered by New Jersey's Do Not Call Law?

The New Jersey do not call registry applies to only residential phones and personal cell phones. Business-to-business calls aren't covered under the law. (N.J. Stat.§ 56:8-120).

What Is a Telemarketer Under New Jersey's Do Not Call Law?

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 own behalf or on behalf of others. (N.J. Stat.§ 56:8-120).

What Are the Benefits of Registering for New Jersey's Do Not Call List?

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 between the hours of 9:00 p.m. and 8:00 a.m., and
  • intentionally blocking a consumer's use of caller identification. (N.J. Stat.§ 56:8-128).

What Are the Requirements of New Jersey's Do Not Call Law?

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 (N.J. Stat.§ 56:8-121)
  • search the do not call registry every three months and delete from their call lists telephone numbers that are in the registry (N.J. Stat.§ 56:8-128)
  • keep and maintain an "in house" do not call list for existing customers (N.J. Stat.§ 56:8-127), 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. (N.J. Stat.§ 56:8-128).

What Calls Are Exempt From New Jersey's Do Not Call Law?

The prohibition on making calls to New Jersey residents on the list has some exceptions. 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 them.

  • 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. (However, you may ask third-party professional fund-raisers who call on behalf of charities to stop calling you and ask the charity to include you on the charity-specific no-call list.)
  • Calls which the consumer has given express written permission to be made.

How Do I Register for New Jersey's Do Not Call List?

The State of New Jersey uses the national do not call registry, which the Federal Trade Commission (FTC) maintains. So, you can stop telemarketing sales calls by:

Participating in the do not call registry is free.

How Can I Stay Up to Date on New Jersey's Do Not Call List?

The number (or numbers) you register will stay on the registry without expiring. But if you change telephone numbers, you must register any new ones.

You can request to have your telephone number removed from the list at any time by calling 888-382-1222 from the telephone number you want to be removed.

What Should I Do If I Receive a Call From a Number on the Do Not Call List?

Telemarketers have up to three months from when you register with the federal do not call registry to stop calling you.

If you've registered your telephone number on the do not call registry, three months have elapsed, and you continue to receive telemarketing calls, contact the New Jersey Division of Consumer Affairs at 888-NJNOCALL (888-656-6225) or fill out a complaint form with the New Jersey Division of Consumer Affairs

How Can I File a Complaint About a Violation of New Jersey's Do Not Call List?

To file a complaint, you'll need to provide the following information (if you have it):

  • the date of the call
  • the name of telemarketer
  • the name of the seller, and
  • the telemarketer's address and telephone number.

The New Jersey Division of Consumer Affairs is responsible for investigating and vigorously enforcing New Jersey's do not call law. It will investigate and, when appropriate, prosecute the violator.

What Are the Penalties for Violating New Jersey's Do Not Call List?

The law imposes stiff penalties against violators, up to $10,000 for the first offense and up to $20,000 for each subsequent offense.

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.

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Talk to a Lawyer

If you want to learn more about your rights under New Jersey's do not call law, or you want to file a suit against a telemarketer, consider talking to a consumer protection attorney.

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