State Laws
Today, commercial robo-calls are almost completely illegal, but emergency notification, political robo-calls and non-profit voice broadcasting are largely ignored by federal law because of free speech and safety concerns. For example, the federal "Do Not Call" list does not apply to calls made on behalf of political candidates. Due to the low prices of robo-calls, this opens up the political process to individuals who do not have the resources to purchase expensive television advertising.
Unfortunately for Winning Calls and our customers, the laws and regulations on robocall technology, scripts, call times, and content vary from state to state. Some are upheld by the federal courts despite their conflict with the First Amendment. We require all customers to sign a disclaimer stating that they are conducting their campaign according to the law.
At a minimum, federal rules from the Federal Communications Commission (FCC) created under the Telephone Consumer Protection Act (TCPA) of 1991 require a disclosure of the entity making the call at the start of the call; and during or at the end of the call, their phone number or address. (Note this came out in 1991 -- before the rise of the "web" address as one of the primary means of contacting a campaign and before widespread adoption of Caller ID as the preferred method of identifying callers.) In most cases, the TCPA also prohibits robocalls to emergency numbers, hospitals, and cellular phones, except when the recipient consented previously (as may be the case on voter registration forms) or the call is made for emergency purposes.
Several state robo call laws require disclosure of who is paying for the call. If a solicitation for funds is involved, then you must make clear if you are authorized by the campaign to make such an appeal. This is similar to -- but not the same as -- the "approved by" messages at the end of political television advertisements.
And some states are now banning political robocalls altogether. We've compiled a list of state laws here to make it easier for everyone to know what the rules are. The list was compiled by searching each of the states' laws for Get Out The Vote (GOTV) related keywords like "political advertising", "robo-calls", "roto-dial", "robo call laws", "prerecorded", "auto calls", "automated call", "recorded messages", "voice broadcasting", "computer generated calls", "computer assisted calling", and the ubiquitous legalese "automatic dialing-announcing device" (ADAD). In addition, the election codes of each state were reviewed for similar terms and campaign disclosure requirements. In some cases, pending legislation concerning political robo-call regulation was obtained during wider web searches.
Please note that this is an informational guide to many current state laws as of October 2008 and should not take the place of advice from a lawyer. Winning Calls is a voice broadcasting company and not a legal referral service. Winning Calls makes no warranty, express or implied, of the accuracy of the information provided below.
AK AL AR AZ CA CO CT DC DE FL GA HI IA ID IL IN KS KY LA MA MD ME MI MN MO MS MT NC ND NE NH NJ NM NV NY OH OK OR PA RI SC SD TN TX UT VA VT WA WI WV WYAlaska
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found.
Alabama
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found.
Arkansas
Unclear. Site is extremely difficult to navigate.
Pertinent sections of state laws:
5-63-204. Automated telephone solicitation. (Specifically forbids automated political calls.)Link to pending bill is no longer active.
Arizona
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found.
California
Some restrictions. You might only be allowed to contact members of your exempt organization with a robocall. Otherwise, you may need to provide a live answer before bridging the call to the machine. Please find out if your calling campaign will be compliant. Please also familiarize yourself with recent news about the Public Utilities Commission hardly ever prosecuting anybody for violations of their code (Perhaps because it violates the 1st Amendment and they might lose the case? Or because the PUC only regulates intra-state calls?)
Pertinent sections of state laws:
- PUBLIC UTILITIES CODE SECTION 2872 (f) might make it okay if you call a list of folks that you have a relationship with (potential voters, perhaps?) It reads, "This article does not apply to any automatic dialing-announcing device that is not used to randomly or sequentially dial telephone numbers but that is used solely to transmit a message to an established business associate, customer, or other person having an established relationship with the person using the automatic dialing-announcing device to transmit the message, or to any call generated at the request of the recipient."
- Or perhaps PUBLIC UTILITIES CODE SECTION 2872 (d)(2), which allows for calls by: An exempt organization under the Bank and Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code) for purposes of contacting its members.
- For more on the definition of exempt organizations: Bank and Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code)
Colorado
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found.
Connecticut
Must include candidate's name in their own voice.
Pertinent sections of state laws:
- Chapter 155 Sec. 9-621. Political advertising. (Candidate must speak their name.)
District of Columbia
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found. (Site extremely difficult to navigate.)
Delaware
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found.
Florida
Must include who paid for the message. Must register with the state.
Pertinent sections of state laws:
- Title IX. 106.147 Telephone solicitation; disclosure requirements; prohibitions; exemptions; penalties. (Must include "paid for by ______".)
- Title IX. 106.1475 Telephone solicitation; registered agent requirements; penalty. (Registration with the state.)
Georgia
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found.
Hawaii
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found.
Iowa
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found.
Idaho
At the beginning of the recorded message, you must disclose the name of the person for whom the message is being made, the purpose of the message, and the contact information of the caller.
Pertinent sections of state laws:
- TITLE 48, MONOPOLIES AND TRADE PRACTICES, CHAPTER 10, IDAHO TELEPHONE SOLICITATION ACT. 48-1003C. AUTOMATIC DIALING-ANNOUNCING DEVICE.
Illinois
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found.
Indiana
Requires consent of recipient before call is placed, or use a live operator to start the call and ask if a person would like to hear a prerecorded message.
Pertinent sections of state laws: top
Kansas
No restrictions on calls at the state level.
Pertinent sections of state laws:
- References to commercial calls only for ADADs in Section 50-670.
Kentucky
No restrictions on calls at the state level.
Pertinent sections of state laws:
- Only commercial calls are addressed in KRS 367.46951 (links to a PDF)
Louisiana
Cumbersome. ADAD equipment provider (ie. Winning Calls) must register and be bonded with the state. Lots of restrictions when conducting polls, including no calls on Sundays or state holidays.
Pertinent sections of state laws:
- All sections from RS 45:810 to RS 45:815, under the CHAPTER 8-B. CONSUMER TELEMARKETING PROTECTION ACT OF 1991
- Bonding and registration in RS 45:813
- Restrictions on polls in RS 45:811
Massachusetts
The local phone company maintains a do not call list of individuals not wishing to receive calls from automatic telephone dialing systems.
Pertinent sections of state laws:
- PART I. ADMINISTRATION OF THE GOVERNMENT, TITLE XXII. CORPORATIONS, CHAPTER 159. COMMON CARRIERS, Chapter 159: Section 19C. Notification of wish not to receive calls from automatic telephone dialing system
Maryland
No known restrictions on calls at the state level, but the site is extremely difficult to navigate as the state does not hold the necessary copyrights that would allow them to put the Annotated Code online.
Pertinent sections of state laws:
- None found.
Minnesota
Requires consent of recipient before call is placed, or use a live operator to start the call and ask if a person would like to hear a prerecorded message.
Pertinent sections of state laws: top
Mississippi
No restrictions on calls at the state level.
Pertinent sections of state laws:
- None found.
Montana
Requires consent of recipient before call is placed, or use a live operator to start the call and ask if a person would like to hear a prerecorded message.
Pertinent sections of state laws: top
North Carolina
No restrictions on calls at the state level, provided the call is made by a tax-exempt charitable or civic organization or political part or political candidate.
Pertinent sections of state laws:
- § 75-104. Restrictions on use of automatic dialing and recorded message players. Covers solicitations.
North Dakota
Requires consent of recipient before call is placed, or use a live operator to start the call and ask if a person would like to hear a prerecorded message.
Pertinent sections of state laws:
- 51-28 TELEPHONE SOLICITATIONS (links to a PDF)
New Hampshire
UNCLEAR. Winning Calls could probably not make the calls on your behalf because we are a for-profit entity. However, you could get a quote on a custom dialer from us and make the calls from your campaign or party office.
Pertinent sections of state laws:
- 359-E:7 XI e. Definition of "Telemarketing sales call"
New Jersey
In cases where no previous relationship exists between caller & callee, the call requires an operator to start the call and ask if a person would like to hear a prerecorded message. However, the case can be made that placing your phone number on a voter registration form or signing up with a political party meets the definition of relationship, which is quite broad. Some bills are pending in the state legislature to address this question.
Pertinent sections of state laws:
- N.J.S.A. 48:17-28. Delivery of certain recorded
telephone messages prohibited.
2.A caller within the State shall not use a telephone or telephone line to contact a subscriber within the State to deliver a recorded message other than for emergency purposes, unless the recorded message is introduced by an operator who shall obtain the subscriber's consent before playing the recorded message, or unless a prior or current relationship exists between the caller and the subscriber.
As used in this section, "emergency purposes" means calls made necessary in any situation affecting the immediate health and safety of consumers; and "recorded message" shall not include automated recorded telephone operator introductions for the purposes of accepting a call or message.
Oregon
ILLEGAL FOR POLITICAL PURPOSES AS OF JANUARY 1, 2008.
Pertinent sections of state laws:
- SB 863 made law, relating to automatic dialing and announcing devices, codified as Chapter 823 Oregon Laws 2007.
Pennsylvania
Must start recording with name, address and call back number of the calling party, then the nature and purpose of the message, and then the fact the message is a recording. Calling allowed from 9am to 9pm, and on Sundays from 1:30pm to 9pm.
Pertinent sections of state laws:
- Part of Pennsylvania code, adopted in 1988, § 63.60. Automatic Dialing Announcing Devices (ADAD) does not state if "address" stated at beginning of call must be physical, mailing or website address.
South Carolina
Some restrictions, particularly if you do not have an existing business relationship; however, registering to vote and putting your phone number on the form may create such a relationship. Also, calling time may be limited from 8am to 7pm. Please check if your campaign is compliant.
Pertinent sections of state laws:
- SECTION 16-17-446. Regulation of automatically dialed announcing device (ADAD).
Virginia
Must disclose name of candidate and who paid for the call.
Pertinent sections of state laws:
- 24.2-959. Requirements for campaign telephone calls sponsored by a candidate or candidate campaign committee.
Wyoming
ILLEGAL
Pertinent sections of state laws:
- 6-6-104. Telephone solicitation
Pending further review.