How to Scrub Leads Against Federal and State DNC Lists (2026 Update)

DNC Compliance Guide 2026: Avoid $53,000+ Fines Per Call

Bottom Line Up Front

Do Not Call (DNC) regulations exist to protect consumers from unwanted telemarketing calls and preserve their privacy rights.

"Scrubbing" means comparing your calling lists against DNC registries and removing any matching phone numbers before you call them. DNC scrubbing is now mission-critical for businesses. Federal penalties exceed $53,000 per illegal call, with additional state fines and lawsuits. This guide covers the essentials to keep your business compliant and protect your bottom line.

Legal Disclaimer: This guide provides general information only and does not constitute legal advice. Consult with qualified legal counsel for guidance specific to your business situation.

Why DNC Compliance Matters More Than Ever

Penalty escalation is real. The FTC now assesses over $50k+ per illegal call (adjusted periodically) under the Telemarketing Sales Rule (TSR)*. State enforcement has intensified too—Florida imposes up to $10,000 per call, tripled for willful violations.

*Note: Some sources indicate FTC penalties may be $51,744-$53,088. Verify current amounts with FTC directly.

Traditional "spray-and-pray" dialing now carries extinction-level risk for businesses.

The Three DNC Lists You Must Manage

1. National DNC Registry (FTC)

This is the federal "do not call" list (often abbreviated as DNCR - Do Not Call Registry) where consumers register their phone numbers to stop telemarketing calls.

• What you must do: Refresh the list of phone numbers at least every 31 days and suppress matching numbers from outbound calling.
• Cost: Free for your first 5 area codes (like 215, 610, etc.), then $82 per additional area code you need.
• Example: If you only call Philadelphia area (5 area codes), it's free. If you call nationwide (280+ area codes), it costs up to $22,626/year.
• Penalty if you call these numbers: Up to $53,088 per violation (caps adjusted periodically).*
  
  

2. State DNC Registries

Some states maintain their own separate "do not call" lists in addition to the federal list.

• Key states with their own lists: Florida, Texas, Pennsylvania, Oklahoma
• What you must do: Register separately with each state and download their lists regularly
• Example penalty - Pennsylvania: $1,000 per illegal call ($3,000 if caller is age 60+)
  
  Read more about state opt-out requirements.

3. Internal DNC Lists

These are consumers who specifically told YOU not to call them again.

• What you must do: When someone says "don't call me again," add them to your own internal list within 10 business days
• How long to keep: 5 years minimum for legal protection
• Penalty if you call them anyway: Same federal/state fines as above

*Penalty amounts adjusted periodically by FTC; confirm current penalty rates annually.

Critical insight: A number on state lists but not federal lists still triggers state penalties. Violations often cascade above $100k per phone number.

Step-by-Step National DNC Process

Register Your Account

1. Go to telemarketing.donotcall.gov
2. Pay area code fees as necessary ($22,038 for national coverage in 2025)*
3. Guard your Subscription Account Number (SAN) like a password

*Fee structures subject to annual changes - verify current rates with FTC

Download and Scrub

The FTC provides two access options: free access covers 5 area codes (suitable for regional operations), while paid subscriptions provide unlimited area codes (for national operations). The data you download includes all numbers registered in the last 31 days.

The "scrubbing" process means comparing the DNC list against your calling list and removing any matching phone numbers before you make calls.

Document Everything

Log the date, list version, suppression count, and operator ID for every scrub. This documentation provides crucial safe-harbor protection.

Compliance Solutions by Business Size

Real-time lookups (under 100ms response) stop non-compliant leads before they hit your dialer—the gold standard for high-volume operations.

Critical State Requirements

*Calling hours vary by time zone - always use recipient's local time **TSR hours: Generally 8 AM - 9 PM recipient's local time

Texas Update

Texas tightened its telemarketing rules under SB 140 (effective September 1, 2025), expanding what counts as “telephone solicitation” to include text/SMS and graphic messages, so Texas is a higher-risk state for outbound lead-gen workflows.

Scrub Frequency Recommendations

• 31-day minimum: High risk, low-volume B2B only
• Weekly: Medium risk, growing call centers
• Daily: Low risk, professional operations
• Real-time: Minimal risk, 10k+ calls/day

Real-time costs more per lookup but eliminates liability risk.

Established Business Relationship (EBR) Rules

You can call DNC numbers with caution if you have:

• 18 months after a purchase, OR
• 3 months after an inquiry

Warning: Any consumer opt-out immediately cancels EBR protection.

Essential Documentation Checklist

Maintain these records for 5 years:

• Scrub logs with dates and versions
• Staff training records
• Consumer consent receipts
• System architecture documentation

Proper paperwork unlocks TSR safe-harbor if violations occur.

The True Cost of Non-Compliance

Direct penalties:

• FTC: $51,744-$53,088/call* → $52M+ for 1,000 calls
• Pennsylvania: $1k per call ($3k if age 60+)
• Texas: $1k-$3k per call (civil), up to $5k (criminal)
• Legal defense: $400-800/hour, class actions cost $500k-$2M

*FTC penalty amounts subject to annual adjustments - verify current rates

Indirect costs:

• Campaign shutdowns
• Customer acquisition cost spikes
• Executive distraction from core business

Quick Compliance Architecture

1. DNC check at lead intake
2. Unified suppression across voice/SMS/email
3. Automated quarterly audits
4. Staff training every 6 months

FAQ: Quick Answers

Q: How often must I scrub?

A: Every 31 days minimum. Daily or real-time is much safer.

Q: Do I need federal AND state lists?

A: Yes. State registries have independent penalties.

Q: What if a number registers after my last scrub?

A: You're still liable. Real-time verification prevents this.

Q: Can I call DNC numbers with EBR?

A: Only for 18 months (purchase) or 3 months (inquiry), and only if no opt-out exists.

Q: If my vendor handles scrubbing, am I safe?

A: No. You remain liable. Demand SLAs, indemnity, and audit rights.

Q: Do rules apply to B2B calls?

A: Most B2B calls are exempt, but robocalls to wireless numbers still need consent.

Sample Compliance Workflow

Lead Intake → Real-time DNC Check → Approved/Suppressed Decision
     ↓                                        ↓
Store Consent Record ← Pass to Dialer ← Log Result
     ↓
Monthly Audit & Documentation Review

Key Components:

• Intake Point: Every lead checked before entering system
• Decision Engine: Real-time API or batch processing
• Documentation: Automated logging of all decisions
• Audit Trail: Monthly compliance reviews and staff training

Perspective from Practice

This guide reflects working with outbound programs where Do Not Call compliance is no longer a background checklist but a frontline operational risk. As call volume increases and campaigns span multiple states, failures tend to occur at the system level, rather than due to ignorance of the rules. Missed scrubs, delayed updates, fragmented suppression lists, and undocumented processes are what trigger enforcement and litigation.

At ClickPoint Software, we often see these breakdowns in teams managing high-velocity lead intake and outbound dialing with LeadExec, where DNC compliance must be enforced before a lead ever reaches a dialer. Organizations that rely on periodic or manual scrubbing often believe they are compliant until a single missed number cascades into a six-figure exposure.

Effective DNC compliance requires treating suppression as infrastructure. National, state, and internal opt-out lists must be unified, checked in real-time or near real-time, and logged automatically with proof of execution. When DNC logic is embedded at intake and routing rather than handled downstream, compliance becomes repeatable, auditable, and resilient as regulations and penalty thresholds continue to escalate.

The takeaway is structural. In 2025, DNC compliance is not a dialing tactic. It is a system design decision that determines whether outbound marketing remains viable at scale.

Key Takeaway

With penalties now exceeding $50k per call, DNC compliance isn't optional—it's business survival. Implement real-time scrubbing, maintain proper documentation, and train your team regularly. The cost of compliance is minimal compared to the cost of violations.