Texting laws · North Dakota
North Dakota texting laws for businesses
What N.D.C.C. ch. 51-28 says about a business texting customers in North Dakota, read from the statute.
Texting laws by stateStatute read October 29, 2026
The law
| Law | North Dakota telephone solicitation law |
| Citation | N.D.C.C. ch. 51-28 |
| In force | In force; date of the text language not confirmed |
| Covers texts? | Yes, by name. 'Telephone solicitation' means 'any voice, text, or other electronic communication over a telephone line' to encourage a purchase, rental or investment, or a charitable contribution. |
| Applies to | Communications encouraging the purchase or rental of, or investment in, property, goods, services or merchandise, or charitable contributions. |
The rules
| Rule | What the statute says | Section |
|---|---|---|
| Hours | No telephone solicitation 'before eight a.m. or after nine p.m. at the telephone subscriber's location'. | § 51-28-05 |
| Do-not-call lists | No solicitation to a subscriber who has been on the state's do-not-call list or the national registry for at least thirty-one days. | § 51-28-06 |
Texting a customer who contacted you first
- 'Telephone solicitation' does not include communications 'to any subscriber with that subscriber's prior express written request, consent, invitation, or permission', or 'by or on behalf of any person with whom the subscriber has an established personal or business relationship' (§ 51-28-01).
- An established business relationship is based on the consumer's purchase, rental or lease of the seller's goods or services, or a financial transaction with the seller, 'within the twenty-four months immediately preceding the date of a telemarketing call'.
- Some exemptions, such as polling, do not apply 'if the communication is a text message'.
This matters for missed-call text-back, which replies to someone who just called the business. Federal rules and the reply-versus-marketing line are covered in is missed-call text-back legal?
Penalties
A person who receives a solicitation in violation of the chapter may sue; the court may award 'actual damages or damages up to two thousand dollars for each violation, whichever is greater', plus costs and attorney fees (§ 51-28-11). Suits must be brought within one year (§ 51-28-12).
What the statute does not settle
- The chapter's text does not show when text messages were added to the definition.
Questions
Does North Dakota law cover text messages from businesses?
Yes, by name. 'Telephone solicitation' means 'any voice, text, or other electronic communication over a telephone line' to encourage a purchase, rental or investment, or a charitable contribution.
What happens if a business breaks North Dakota's texting law?
A person who receives a solicitation in violation of the chapter may sue; the court may award 'actual damages or damages up to two thousand dollars for each violation, whichever is greater', plus costs and attorney fees (§ 51-28-11). Suits must be brought within one year (§ 51-28-12).
Can a business text a customer who contacted it first in North Dakota?
'Telephone solicitation' does not include communications 'to any subscriber with that subscriber's prior express written request, consent, invitation, or permission', or 'by or on behalf of any person with whom the subscriber has an established personal or business relationship' (§ 51-28-01). An established business relationship is based on the consumer's purchase, rental or lease of the seller's goods or services, or a financial transaction with the seller, 'within the twenty-four months immediately preceding the date of a telemarketing call'. Some exemptions, such as polling, do not apply 'if the communication is a text message'.
Sources
Read October 29, 2026. Federal law (the TCPA and FCC rules) applies on top of state law everywhere. This page describes what the statute says. It is general information, not legal advice, and it does not cover your message content or your industry. Talk to a lawyer before relying on it.