FTC Raises Do Not Call Fees: Does It Even Apply to You?
In a series I like to call “make sure the law applies to your business before assuming it does” the Federal Trade Commission (FTC) just announced new fees for telemarketers accessing the National Do Not Call (DNC) Registry. The updated fees, which take effect October 1, 2025, are going up slightly. But here is the bigger point: not every business is actually required to purchase access to these lists in the first place.
What Changed with the Fees
For Fiscal Year 2026, the cost of accessing the DNC Registry will rise modestly:
$82 per area code (up from $80 in FY 2025)
$22,626 for nationwide access (up from $22,038)
$41 for a half year additional area code (up $1)
The first five area codes remain free. Businesses must renew their subscriptions annually to maintain compliance. While the FTC’s notice is a straightforward fee increase, your business may not need to subscribe. Here’s why:
If you have prior express invitation or permission from a consumer, you do not need to scrub against the federal or state DNC lists for those calls.
If you have an established business relationship (EBR), the same applies. But the length of time an EBR lasts varies under federal and state laws. You must follow the most restrictive time frame to stay compliant.
The National DNC Registry does not apply to non-marketing calls or texts, such as political calls or calls made by nonprofits.
Some states have their own registries, but many contain similar exemptions.
What Your Business Should Do
In other words, before you assume you have to buy these lists (and renew them every year), it is worth pausing to ask: Does this law even apply to my calling practices? You should:
Evaluate your call campaigns. Are you calling consumers you do not have a relationship with? If not, DNC Registry access may not apply.
Check exemptions carefully. A subscription might not be necessary if your calls are permission based or non-marketing in nature.
Follow the strictest EBR rules. Federal law allows one period, while some states have shorter periods. When in doubt, apply the narrowest window. (Confused about the differences? We have a chart that summarizes these laws along with 30+ other compliance charts. Reach out for a copy.)
Budget smartly. If you do need access, account for the updated costs but do not pay for lists you do not legally need.
The new DNC fees are a useful reminder: compliance is not just about paying for every license, list, or registration out there. It is about knowing which rules apply to your business and focusing your resources there.