There are State Laws for Automated Calls?
While Reminder Services, Inc. cannot provide legal advice, we feel it is important to notify you of any laws that may affect you. Many of you have heard about the federal Telephone Consumer Protection Act (TCPA) and how it affects automated appointment reminders, but did you know there are state laws as well? Although the TCPA sets forth instructions on getting permission from recipients before sending them automated calls and text messages, there are many states that have regulations as well.
States That Have Express Consent (“Opt-In”) Laws
The following sets forth the individual state and federal requirements regarding express consent for prerecorded messages.
- States Allowing Calls Made with Express Consent but Impose No Further Consent Requirements:
Arizona, Arkansas, California, Colorado, Connecticut, Idaho*, Illinois, Indiana, Iowa*, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri*, Nebraska, New Hampshire*, New Mexico, North Dakota, Oregon*, Rhode Island, South Dakota*, Texas*, Utah, Virginia, Washington, Wisconsin, and Wyoming.
*State restrictions still apply.
- States Allowing Calls Made with Express Consent which Impose Specific Consent Requirements:
Florida, Georgia, Kentucky, Louisiana, Montana, New Jersey, New York*, North Carolina, Oklahoma, Pennsylvania, and Tennessee.
- States Which Do Not Extempt Calls Made With Express Consent:
Alaska, District of Columbia, Nevada, and Oregon.
- States Which Do Not Regulate Prerecorded Messages:
Alabama, Delaware, Hawaii, Kansas, Ohio, South Carolina, Vermont, and West Virigina.
- States Allowing Calls Made Pursuant to an Established Business Relationship:
Arizona, District of Columbia (must concern goods previously ordered of purchased), Maryland, Mississippi, Montana (must concern goods previously ordered or purchased), Nevada, New Jersey, Oregon, and Virgina
Individual State Statutes
Below you will find a list of state laws for automated calls, plus links to the actual statutes (when available).
Ala. Code § 8-19A-3(3)(a)
The Chapter 19A Alabama Telemarketing Act describes a ban on sales solicitations. There is a section that lists exemptions to the law as well as a list of definitions of terms.
Alaska Stat. § 45.50.475(a)(2)
The Alaska Unwanted Telephone Solicitations defines what constitutes unlawful, unwanted telephone advertisements and solicitations in the state of Alaska.
- 13-2919 explains under which circumstances an automated system may or may not be used for the purpose of solicitation or requesting information.
- 44-1278 speaks specifically to unlawful practices.
The Arkansas Automated Telephone Solicitation legislation documents the circumstances under which telephone solicitation is prohibited and lists several exceptions to the law.
There are two separate pieces of legislation relating to the issue of telephone solicitation:
- Civil Code Section 1770 addresses the specifics of what is considered unfair practices.
- Public Utilities Code 2871 defines automatic dialing-announcing devices (ADADs).
We have found two references for Colorado:
- C.R.S. 18-9-311(1) explains the conditions under which automated dialing systems are allowed. An existing business relationship between the telemarketer and a consumer is no longer sufficient.
- Part 3 of The Colorado Consumer Protection Act (Prevention of Telemarketing Fraud) provides very detailed instructions on how to conduct telemarketing legally in the State of Colorado. Scroll down to page 18 for specifics on definitions that apply to telephone solicitation.
We have found two references for Connecticut:
- Section 16-256e outlines penalties for using autodialers in Connecticut.
- Section 52-570c specifies that recorded telephone messages cannot be “unsolicited.”
D.C.’s Ban on automated telephone dialing systems for commercial solicitation; definitions; prohibition; exceptions explains the conditions under which the use of ADADs is prohibited, and conditions under which it is permitted.
501.059 Telephone solicitation includes definitions of solicitation, explanations of Florida’s Do-Not-Call Registry rules, plus exemptions to the rules. Refer to (7)(b) for guidelines regarding the use of automated telephone dialing systems.
Chapter 5 of Title 46 of the Official Code of Georgia, relating to telephone and telegraph service, is amended by Code Section 46-5-23 and goes into very specific detail as to when it is and is not lawful to use automatic dialing and recorded message (ADAD) equipment.
The (815 ILCS 305/) Automatic Telephone Dialers Act provides very specific rules regarding the appropriate usage of autodailers, definitions of what is and is not considered solicitation, guidelines for lawful calling times, and prior express consent requirements.
IC 24-5-14, Chapter 14. Regulation of Automatic Dialing Machines, Section IC 24-5-14-5 defines commercial telephone solicitation, lists restrictions on the use of automatic dialing devices and explains the need for prior express consent.
476.57 Limitations on Use of ADAD Equipment describe when ADAD equipment is prohibited and when it is lawful. It also describes the need for prior consent and/or an existing business relation with the recipient.”
The 50-670. Kansas No-Call Act; Definitions; Requirements and Prohibitions; Remedies section of the Kansas State statutes is a comprehensive explanation of the state’s laws regarding consumer telephone calls, including prior consent and business relationship definitions. Paragraph (4) includes information regarding automated calls.
The 367.461 Conditions for Use of Automated Calling Equipment is a simple, one-page explanation of the Kentucky rules regarding the lawful use of automated dialing equipment, including reminder calls or notices pertaining to existing transactions between the caller and the recipient.
The Louisiana Ch. 8-B. Consumer Telemarketing Protection act of 1991 includes definitions, prohibited practices using ADAD equipment, information about getting prior consent before sending automated calls, and the necessity to register with the commission. It also includes exceptions to these rules.
The Maine Title 10: Commerce and Trade, Chapter 225: Telephone Solicitation Revised Statute includes information about when automated calls are prohibited in the state of Maine as well as the need for the caller to provide identification and avoid using random numbers. It also lists exceptions to the regulation as well as other requirements.
Maryland Code § 8-204 – Telephone Solicitation; Automated Dialing lists when the use of automated calls for the purpose of solicitation is unlawful in Maryland and when it is acceptable, such as when there is an already established business relationship with the recipient.
Chapter 159C Telemarketing Solicitation of the General Laws for the State of Massachusetts covers the prohibited use of automated calls for unsolicited sales calls, the exceptions to this rule such as information calls, and consumers’ right to object to unsolicited calls.
Michigan’s Home Solicitation Sales (Excerpt) Act 227 explains when telephonic solicitation by automated calls is prohibited and the requirements pertaining to Michigan’s Do-Not-Call List.
There are two statutes for the state of Minnesota, however, they pertain to collection calls:
- Statute § 325E.26 provides the definitions of terms.
- Statute § 332.37 Prohibited Practices describes regulations pertaining to collection calls in the state of Minnesota and the use of automated calls for collections purposes.
Mississippi’s Title 77, Ch. 3, Article 9 Automatic Dialing Announcing Devices covers definitions, regulations, and the prohibition of using automated calls for selling goods or services as well as the exceptions to the rules. There are also requirements for using ADADs. Includes penalties and legislative intent.
- Missouri’s Chapter 407: Merchandising Practices describes required disclosures needed to make automated solicitation calls.
- 407.1076.1 lists what constitutes unlawful telemarketing acts or practices. 407.1079.1 describes the requirement for telemarketers to keep records. The subsequent sections cover criminal penalties for breaking these laws.
Montana’s Unlawful Automated Telephone Solicitation, Exceptions, Penalties explains when the use of ADADs is prohibited and when it is permitted.
Nebraska’s Revised Statutes Chapter 86 includes multiple statutes (86-236 to 86-258) that pertain to the usage of automatic dialing systems and unlawful telephone solicitation.
Nevada’s Ch. 597, Miscellaneous Trade Regulations and Prohibited Acts Defines automatic dialing equipment, explains when its usage is prohibited and lists exceptions to this rule as well as penalties involved when the rules are ignored.
New Hampshire’s Ch. 539-E Telemarketing, Use of Automatic Telephone Dialing Systems and Caller Identification Services Sections E:1-E:6 include definitions of terms, the requirement to register automated calling equipment with the consumer protection and antitrust bureau, dialer disconnect and identification requirements.
To scroll through these sections change the last number in the URL in your browser to match the number of each individual section. Sections E:7-E:11 Cover telemarketing sales calls regulations and penalties.
New Jersey’s 216th Legislature covers when automated calls are prohibited and when they are allowed, and describes abiding by the New Jersey “no telemarketing call list”.
New Mexico’s Section 57-12-22 — Telephone Solicitation Sales; Automated Telephone Dialing Systems for Sales Restricted; Disclosure and Other Requirements Established for Authorized Telephone Solicitation Sales; Prohibited Telephone Solicitation defines under which circumstances automated calls are allowed in the state of New Mexico as well as restrictions and exceptions to the law.
New York State has many regulations in regards to telemarketing. The New York Telemarketing and Consumer Fraud and Abuse Prevention Act addresses the state no telemarketing registry as well as the federal “do-not-call” registry. It contains definitions, registration requirements, bonding requirements, and defines deceptive telemarketing practices and penalties.
North Carolina Restrictions on the use of Automatic Dialing and Recorded Message Players prohibit unsolicited automated calls and lists exempted entities as well as rules for them to follow.
North Dakota’s Regulation of Home Solicitation Sales includes relevant definitions, including the state’s definition of “telepromoters”, and regulations pertaining to telepromoters.
Oklahoma’s Consumer Protection Act Section 755.1 – Automatic Dial Announcing Device – Operation – Conditions – Exceptions explain conditions under which it is permissible to send automated calls in the state of Oklahoma. It also gives instructions to telephone companies about when to terminate service for companies using autodialers unlawfully.
Oregon’s Ch. 646A Trade Regulations Stat. 646A.370 Automatic Dialing and Announcing Devices includes definitions, limits on the usage of ADADs, prohibited actions, and penalties.
The Pennsylvania Telemarketer Registration Act section 2245.2(j) explains how to register ADAD equipment with the Office of the Attorney General, describes unlawful acts and penalties associated with automated calls, as well as enforcement guidelines.
There are two statutes of interest in Rhode Island’s Telephone Sales Solicitation Act
- Section § 5-61-3.4 defines situations where it is lawful to use prerecorded, automated messages.
- Section 11-35-26 addresses disconnect protocols for autodialer systems.
South Carolina code Section 16-17-446. Regulation of automatically dialed announcing device (ADAD) explains when automated calls are prohibited and under what circumstances they are allowed.
South Dakota Legislature Ch. 37-30 includes definitions, prohibitions, and requirements. Some requirements include equipment registration, bonding, getting written consent, and record maintenance.
The Tennessee Consumer Protection Act and Related Laws Section 47-18-1502 describes the unlawful use of ADAD equipment as well as consent requirements, registration requirements, permit requirements, and the role of telephone companies in enforcing restrictions. It also lists the permissible use of automated calls. Tennessee has its own Do-Not-Call Registry.
There are three Texas statutes of interest:
- The Texas Business and Commerce Code Section 305.001 describes when automatic dialers are prohibited.
- The Texas Public Utility Commission Telecom Substantive Rules §26.125-Automatic Dial Announcing Devices (ADAD) Describes requirements for use of an ADAD in more detail, including conditions, obtaining a permit, exceptions to the law, complaints, investigation and enforcement.
- The Texas Utilities Code Section 55.001 Has additional information about ADAD restrictions.
Utah State Legislature Title 12 Chapter 25a Telephone and Facsimile Solicitation Act describes prohibited conduct for telephone solicitations as well as exceptions.
Virginia Code § 59.1-518.2 describes when the usage of ADADs is prohibited and when it is permitted. Virginia also has disconnect requirements (§ 59.1-518.3).
Washington’s Code § 80.36.400 prohibits the usage of ADADs for telephone solicitation. Read Code § 80.36.390 to understand what the state of Washington considers telephone solicitation.
Wisconsin State Legislature Section 100.52 Describes rules pertaining to prerecorded telephone solicitations, including providing identification and respecting the state do-not-call registry.
Wyoming Legislation, including Section 6-6-103 and Section 6-6-104, contains information pertinent to both telephone solicitation and to automated telephone solicitations. Section 6-6-104 explains exceptions where using an automated telephone system is permitted.