Legal Definitions - North Dakota

In the context of consumer protection and unwanted communications, North Dakota refers to the specific state laws enacted in North Dakota to regulate and restrict unsolicited commercial messages sent to its residents through various electronic means.

These laws aim to protect individuals and businesses from unwanted intrusions by marketers and solicitors, covering:

• Commercial Email and Spam: Regulations concerning unsolicited commercial electronic mail, often referred to as spam. These laws typically address requirements for sending commercial emails, such as accurate sender information and clear unsubscribe options.
• Telemarketing and Telephonic Anti-Solicitation: Rules governing unsolicited telephone calls made for sales or marketing purposes. This often includes provisions for "do not call" lists and restrictions on when and how telemarketing calls can be made.
• Fax Anti-Solicitation: Prohibitions against sending unsolicited advertisements or solicitations via fax machines.

Here are some examples illustrating how North Dakota's laws apply:

• Example 1: Unwanted Promotional Emails

  A national online retailer launches a new product line and sends a mass email campaign to a purchased list of email addresses, which includes many North Dakota residents. The emails do not clearly identify the sender, lack a physical address, and provide no functional way for recipients to opt out of future messages. This scenario would likely violate North Dakota's laws regarding commercial email and spam because the emails are unsolicited, lack required disclosures, and fail to offer a proper unsubscribe mechanism, potentially subjecting the retailer to penalties under state law.

• Example 2: Persistent Telemarketing Calls

  A call center located in another state repeatedly dials a North Dakota resident's phone number, attempting to sell them a home security system, even though the resident has registered their number on both the federal and North Dakota "do not call" lists. The telemarketer continues to call despite the resident's requests to stop. This situation falls under North Dakota's telemarketing and telephonic anti-solicitation laws. The repeated calls to a number on a "do not call" list, especially after a direct request to cease, would be a violation, allowing the resident to report the company for illegal solicitation.

• Example 3: Unsolicited Business Faxes

  A company specializing in office supplies decides to market its products by sending faxes to hundreds of businesses in North Dakota, many of whom have no prior business relationship with the sender. These faxes contain advertisements for discounted paper and toner cartridges. This action would be a violation of North Dakota's fax anti-solicitation laws. These laws are designed to prevent businesses from receiving unwanted advertisements via fax, which can tie up phone lines and consume paper and toner without consent.