DNC Safe Harbor

The DNC safe harbor is a defense that protects a seller from liability for an occasional do-not-call violation if it had proper written procedures and followed them.

No process is perfect. The FCC and FTC rules recognize that and give sellers a defense for calls made by mistake, as long as the company had real compliance practices in place.

Under 47 CFR 64.1200(c)(2), the safe harbor generally requires that the seller show the call was an error and that, as part of its routine business practice, it:

• Has written procedures to comply with the national do-not-call rules.
• Trains its staff on those procedures.
• Keeps and records a list of numbers it may not contact.
• Uses a process to prevent calls to registry numbers, using a version of the registry obtained no more than 31 days before the call, and keeps records showing it did so.

The TSR has a similar safe harbor at 16 CFR 310.4(b)(3).

The key word is routine. A policy written after a complaint will not help. Keep dated copies of your procedures, training sign-offs, and registry download records. Safe harbor covers mistakes, not patterns. If many calls slip through, it will not protect you. This is general information, not legal advice.

Sources

• 47 CFR 64.1200 (eCFR): https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200 (accessed October 17, 2026)
• 16 CFR Part 310 (eCFR): https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310 (accessed October 17, 2026)

This entry is general information, not legal advice.