$1,000 or actual damages, whichever is greater, and at least double that if the violation was willful or knowing. That’s the private remedy for Do Not Call violations under New Hampshire’s telemarketing law, and a winning plaintiff also gets attorney’s fees. The statute also requires registration before using certain prerecorded-message dialers. But the exemptions are broad, and companies with documented procedures have a defense worth pressing.
What does New Hampshire’s Do Not Call law prohibit?
Telemarketing sales calls to customers on the national Do Not Call Registry, plus compliance with the federal Telemarketing Sales Rule for in-state calls.
RSA 359-E:8 provides that “Telemarketers are prohibited from conducting telemarketing sales calls to any customer who has registered his or her name or telephone number with the do-not-call registry.” It also requires anyone who would be subject to the FTC’s Telemarketing Sales Rule to follow it “for telemarketing sales calls made within the state of New Hampshire,” even for purely in-state calls.
The statute reaches only “Telemarketing,” which RSA 359-E:7 defines as a campaign “which involves more than 5 telephone calls per month by a telemarketer in which the customer is located within the state at the time of the call.” A small business making a handful of calls a month falls outside it.
Which calls are exempt?
Requested calls, calls within an established business relationship, charity calls, and most political calls.
A “telemarketing sales call” doesn’t include a call made “In response to an express written or verbal request of the customer called,” a call “In connection with an established business relationship,” a call “On behalf of a nonprofit charity,” or a call on behalf of a political campaign. Political calls placed by a vendor using automatic dialing equipment don’t get the exemption.
The established business relationship borrows the federal Telemarketing Sales Rule definition, which covers purchases within 18 months and inquiries within three months. Verbal requests count too, which is broader than many states. A recorded call in which the customer asked for a callback can end a New Hampshire claim.
What does a violation cost?
Actual damages or $1,000 per violation, at least doubled for willful or knowing violations, plus mandatory fees.
Under RSA 359-E:11(II), recovery is “the amount of actual damages or $1,000, whichever is greater.” If the violation was willful or knowing, the court “shall award as much as 3 times, but not less than 2 times, such amount,” and “a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney’s fees.” The Department of Justice can separately impose a civil penalty of $5,000 for each violation.
The mandatory multiplier is the feature that drives settlement demands. Unlike the federal TCPA, which allows $500 per violation, up to $1,500 if willful or knowing, at the court’s discretion, New Hampshire removes the court’s choice once willfulness is found. That makes the willfulness record the most contested issue in these cases.
What defense does the statute provide?
A routine-practices defense, proven by clear and convincing evidence, for companies with written procedures and current lists.
RSA 359-E:11(III) says a telemarketer “shall not be held liable for violating this subdivision” if it shows written procedures, trained personnel, a process to avoid listed numbers, monitoring, and use of a list “obtained no more than 3 months prior to the date that any call is made.” The violating call must not be “part of a pattern of calls” and must be “the result of a good faith error.”
Expect a fight over scope. The defense opens with “Notwithstanding paragraph I,” which is the state penalty provision, and plaintiffs will argue it doesn’t reach private claims. The closing language, that the telemarketer “shall not be held liable for violating this subdivision,” gives defendants a strong textual answer. Either way, the procedures file is worth assembling early.
What about autodialers and caller ID?
Registration and disclosure rules apply only to dialers that generate numbers randomly or sequentially and play prerecorded messages. Caller ID blocking is barred for everyone.
RSA 359-E:1 defines an “Automatic telephone dialing system” as equipment that “stores or produces numbers to be called randomly or sequentially and which delivers a prerecorded message to the number called without assistance of a live operator.” Users must register with the Consumer Protection and Antitrust Bureau 10 business days before use, identify the caller and purpose immediately, and release the line within 30 seconds of a hang-up. Most list-based platforms don’t fit that definition.
RSA 359-E:5-a is broader. Anyone soliciting by any method may not block caller ID, and the displayed number must be one “at which the telephone solicitor may receive telephone calls.” Violations of the dialer subdivision are unfair or deceptive acts under the state Consumer Protection Act.
| New Hampshire rule | Section | Private exposure | Defense to develop |
|---|---|---|---|
| Calls to Registry numbers | 359-E:8 | Greater of actual damages or $1,000; 2x to 3x if willful; fees | Exemptions; routine-practices defense |
| Federal Telemarketing Sales Rule compliance | 359-E:8 | Same | Telemarketing Sales Rule compliance records |
| Dialer registration and disclosures | 359-E:2, 359-E:5 | Consumer Protection Act remedies | Not a random or sequential prerecorded dialer |
| Caller ID blocking | 359-E:5-a | Same | Caller ID settings showing a working number |
Steps to take when a New Hampshire claim arrives
- Preserve the call logs and dialer data for the New Hampshire numbers, along with recordings and consent or request records, under a litigation hold.
- Pull internal do-not-call entries and stop requests, with dates.
- Pull Registry download records showing a version no more than three months old for each campaign.
- Gather written procedures, training records, monitoring reports, and vendor contracts.
- Have a lawyer review the claim before responding, contacting the customer, or offering a payment.
New Hampshire demands usually lead with the multiplier and the fee award. The exemptions and the procedures file are what answer them. More on defending Do Not Call claims is available, and a recent post covers how the TCPA interacts with state telemarketing laws.
Questions about New Hampshire telemarketing law
Does New Hampshire require telemarketer registration?
Only for users of automatic telephone dialing systems as the statute defines them, which must both dial randomly or sequentially and play prerecorded messages. Those users must register with the Consumer Protection and Antitrust Bureau at least 10 business days before calling and pay a $20 annual fee. Live-agent callers don’t register under this chapter.
Can a customer waive New Hampshire damages in a contract?
No. RSA 359-E:11(II) provides that “Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable.” An arbitration clause may still affect the forum, but a damages waiver won’t help.
Does the law cover business-to-business calls?
Generally not. The statute protects a “Customer,” defined as a natural person and New Hampshire resident who may pay for goods or services. Calls to businesses fall outside it, although federal rules can still apply to calls placed to a business owner’s cell phone.
How often must the Registry be downloaded?
The statute requires quarterly listings, and the defense requires a version “obtained no more than 3 months prior” to each call. The federal safe harbor requires a version no more than 31 days old, so a monthly scrub satisfies both.
Defending New Hampshire Do Not Call claims
If your company has received a New Hampshire demand or lawsuit over sales calls, the exemptions and the willfulness record usually decide what the claim is worth. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims under state Do Not Call statutes. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
N.H. Rev. Stat. ch. 359-E; 47 U.S.C. § 227; 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of May 21, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.