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Unsolicited Commercial Communication Laws

State Unsolicited Commercial Communication Laws

April 24, 2014


This chart provides select language from state statutes prohibiting or limiting unsolicited commercial communications--also known as do-not-call laws.  The chart also includes laws limiting or prohibiting unsolicited text messages and robocalls.

 
 
State
 
Relevant Statutes
 
Text Messages Included?  
 
Commercial Robocalls Included?
 
Notes
Alabama Code of Ala. § 8-19A-3(3) (a) ; Code of Ala. § 8-19A-3(C)(17)
 
No
 
Yes (exceptions for certain retailers and licensed businesses)
 
Code of Ala. § 8-19A-3(C)(17)
TELEPHONE SOLICITATION
A voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in property, goods, or services, but does not include communications by or on behalf of any of the exempt persons in Section 8-19A-4.
 
Code of Ala. § 8-19A-3(3)(a)
COMMERCIAL TELEPHONE SOLICITATION.
An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with this chapter for the purpose of inducing the person to purchase or invest in consumer goods or services.
Alaska A.S  45.63.100; AS 45.50.471(b) (41); AS  45.50.475(a) (4)
 
Unclear Yes  
A.S. 45.63.100
“Telephonic means" means a telephone or another method using telephone lines, and includes a facsimile machine and electronic communication between electronic computing devices; "telephonic means" includes a letter, postcard, notice, or other written communication advising, requesting, motivating, or otherwise encouraging a person to contact a seller by telephonic means.
 
AS 45.50.475(a)(4)
A person is in violation of AS 45.50.471 (b)(41) if the person…originates a telephone call using an automated or recorded message as a telephonic advertisement or a telephone solicitation.
Arizona Arizona Revised Statute Section 44-1271; Arizona Revised Statute Section 44-1278 (B)(4)
 
Yes Yes

 
AZ. Rev. Stat. §44-1278(B)(4)
It is an unlawful practice pursuant to section 44-1522 for any seller or solicitor or anyone acting on their behalf who conducts a telephone solicitation in this state to…make a telephone call to any residential telephone using an artificial or prerecorded voice to deliver a message unless the call is initiated for emergency purposes or the call is made with the prior express consent of the called party.

Arizona Rev. Stat. §13-2919
Statute prohibits an automated system for the “[…] sending a text message for the purpose of soliciting persons to purchase goods or services or requesting survey information if the results are to be used directly for the purpose of soliciting persons to purchase goods or services.” The prohibition does not apply to texts sent with “prior express invitation or permission by the recipient” or “by a recipient who has an existing business relationship with the sender.”

 

Arkansas  A.C.A. § 4-99-403; A.C.A. § 5-63-204(a)(1)
 
http://dnc.com/legal/statutes/AR/A.C.A./4-99-403.adpx
 
http://dnc.com/legal/statutes/AR/A.C.A./5-63-204.adpx
Unclear Yes  
A.C.A. § 4-99-403
The term "telephone solicitation" means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of or investment in property, goods, or services, or the initiation of a telephone call or message for the purpose of encouraging a charitable contribution by or on behalf of any charitable organization, which telephone call or message is transmitted to any consumer, but such term does not include a call or message to any person made with that person's prior written express invitation or permission nor a call or message to any consumer with whom the telephone solicitor has a prior or existing business relationship.
 
A.C.A. § 5-63-204(a)(1)
Arkansas prohibits the use of automated telephone equipment to make calls in connection with political campaigns, research or commercial purposes.
 
 
California California Business and Professions Code § 17538.41; California Public Utilities Code §§ 2871
 
Yes Yes  
California Business and Professions Code § 17538.41 No person, entity conducting business, candidate, or political committee in this state shall transmit, or cause to be transmitted, a text message advertisement to a mobile telephony services.
 
California Public Utilities Code §§ 2871
Prohibits any robocall unless there is a pre-existing established relationship with the person being dialed and a "live" person must come on the line before the recording to identify the nature of the call and the organization behind it and ask for the person’s consent to hear the message.
 
 
Colorado Colo. Rev. Statutes §6-1-903; CCR Regulations 723-2 -2891
 
Yes Yes Colo. Rev. Statutes §6-1-903(10)(a)
"Telephone solicitation" means any voice, telefacsimile, graphic imaging, or data communication, including text messaging communication over a telephone line or through a wireless telephone for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.
 
Colo. Rev. Statutes §6-1-903(10)(c)
 "Telephone solicitation" includes any communication described in paragraph (a) of this subsection (10), whether such communication originates from a live operator, through the use of automatic dialing and recorded message equipment, or by other means.
 
Connecticut Connecticut Code - Sec. 42-288a. No No
 
Connecticut Code - Sec. 42-288(a)(7)
"Telephonic sales call" means a call made by a telephone solicitor to a consumer for the purpose of (A) engaging in a marketing or sales solicitation, (B) soliciting an extension of credit for consumer goods or services, or (C) obtaining information that will or may be used for marketing or sales solicitation or exchange of or extension of credit for consumer goods or services.
 
Delaware   No No (No restrictions on calls at the state level. State residents are still covered by the federal TCPA.)
Florida Florida Statute 501.059(1)(a); Florida Statute 501.059(7)(a)
 
 
No Yes  
Florida Statute 501.059 (1)(a)
“Telephonic sales call” means a  call made by a telephone solicitor to a consumer…
 
Florida Statute 501.059(7)(a)
Statute prohibits calls made by use of automated dialing devices with the purpose to sell or lease goods, services, or property.
 
Georgia O.C.G.A. §46-5-23; O.C.G.A. § 46-5-27
 
http://dnc.com/legal/statutes/GA/O.C.G.A./46-5-23.adpx
 
http://consumer.georgia.gov/consumer-services/do-not-call-law
No Yes  
O.C.G.A. § 46-5-27
“Telephone solicitation” means any voice communication over a telephone line.
 
O.C.G.A. §46-5-23
Prohibits all automated commercial calls.
 
Hawaii   No No (No restriction on unsolicited calls or robocalls at the state level. State residents are still covered by the federal TCPA.)
Idaho I.D. Code § 48-1002; I.D. Code § 48-1003a No Yes  
I.D. Code § 48-1002 (11)(a)
"Telephone solicitation" means any unsolicited telephone call to a purchaser to induce a sale of goods or services.
 
I.D. Code § 48-1002(12)
The definition of Telephone Solicitor includes the ”use of an automatic dialing-announcing device” to engage in solicitation.
 
I.D. Code § 48-1003a
Telephone solicitors are prohibited from contacting persons on the state no-call list.
 
 
Illinois 815 ILCS 413/5; 815 ILCS 413/20 No No  
815 ILCS 413/5
"Telephone solicitation" means any communication through the use of a telephone by live operators for soliciting the sale of goods or services.
 
815 ILCS 413/20
The provisions of the Telephone Solicitations Act do not apply to telephone calls made by an autodialer.
 
 
Indiana I.C. 24-5-14-5; IC 24-4.7-2-9 Yes Yes  
IC 24-4.7-2-9
“Telephone sales call” includes the transmission of a text message or graphic.
 
IC 24-5-14-5
 Indiana prohibits automated dialing calls to persons on the no-call list and those that are not on the list, unless  the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered or the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message.
 
 
Iowa I.A Code § 476.57 No Yes  
No state Do-Not-Call law, but the state does prohibit automated calls used to solicit a sale of consumer goods or services.
 
I.A Code § 476.57
Except as provided in paragraph "b", a person shall not use, employ, or direct another person to use, or contract for the  use of automatic dialer equipment.
 
Kansas Kansas Statute 50-670a ;Kansas Statute 50-670
 
No Yes  
Kansas Statute 50-670(1)
"Consumer telephone call" means a call made by a telephone solicitor to the residence of a consumer for the purpose of soliciting a sale of any property or services to the person called
 
Kansas Statute 50-670(3)
Prohibits automated calls related to soliciting a sale of consumer goods or services to individuals on the no-call list.
 
Kentucky KRS 367.46951; KRS 367.46955
 
No Yes  
KRS 367.46951
“Telephone Solicitation” means a live or recorded communication sent by a telephone or message sent by a facsimile machine to a residential, mobile, or telephone paging device telephone number, including a call made by an automatic dialing or recorded message device, for the purpose of . . . soliciting a sale of consumer goods or services.
 
KRS 367.46955
It is a violation to initiate a telephone solicitation to persons on the national Do-Not-Call list.
 
Louisiana Louisiana RS 45:844.12
 
Yes Yes  
Louisiana RS 45:844.12 
“Telephonic solicitation” means the initiation of a telephone call or message, via any voice or data communication made by a telephonic solicitor. Exceptions include conducting marketing research, public opinion polling, or similar activities.
http://www.lpsc.org/_docs/_DNC/DNCGeneralOrder.pdf
 
Maine Maine Revised Statute 10 §1499-B No Yes Maine Revised Statute 10 §1499-B (1)(H)
"Telephone sales call" means a solicitation call made to a consumer ..includes automated calls related to soliciting a sale of consumer goods or services to individuals on the state and national no-call list.
 
Maine Revised Statute 10 §1499-B(6)
Prohibits automated calls related to soliciting a sale of consumer goods or services to individuals on the state and national no-call list.
 
http://www.maine.gov/ag/consumer/donotcall.shtml
Maryland Md. COMMERCIAL LAW Code Ann. § 14-2201; Md. Public Utility Companies Code Ann. § 8-204 No Yes  
Md. COMMERCIAL LAW Code Ann. § 14-2201
"Telephone solicitation" means the attempt by a merchant to sell or lease consumer goods, services, or realty to a consumer located in this State that is made entirely by telephone.
 
 
Md. Public Utility Companies Code Ann. § 8-204
Prohibits automated calls related to soliciting a sale of consumer goods or services to all Maryland phone customers.
 
http://www.oag.state.md.us/consumer/edge96.htm
 
Massachusetts Mass. Gen. Laws Ann. Ch. 159 § 19C; Mass. Gen Laws. Ann 159C§ 1
 
 
No Yes  
Mass. Gen. Laws Ann. Ch. 159 § 19C (1)
“Telephonic sales call” is  a call made by a telephone solicitor to a consumer…
 
Mass. Gen. Laws Ann. Ch. 159 § 19C
State law requires local phone companies to maintain a Do Not Robocall list. Automated calls with the purpose to solicit the purchase or the consideration of purchase of goods or services by the subscriber to individuals on the phone company Do Not Call list are prohibited.
 
http://www.mass.gov/ocabr/docs/donotcall/201cmr12.pdf
 
Michigan Michigan Compiled Laws 752.1061; Michigan Compiled Laws 445.111a Yes(minors) Yes.  
Michigan Compiled Laws 752.1061
 Text messages that advertise or link to prohibited products or services are prohibited from sending to numbers listed on the Michigan Child Protection Registry.
 
Michigan Compiled Laws 445.111a
A home solicitation sale shall not be made by telephonic solicitation using in whole or in part a recorded message. A person shall not make a telephone solicitation that consists in whole or in part of a recorded message.
 
Minnesota Minn. Stat. § 325E.27; Minn. Stat. § 325E.312
 
 
No Yes  
Minn. Stat. § 325E.27
Automated calls with the purpose to solicit the purchase or the consideration of purchase of goods or services by the subscriber are prohibited under the state no-call list, unless the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message  or the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered.
 
Minn. Stat. § 325E.311(6)
“Telephone solicitation" means any voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, whether the communication is made by a live operator, through the use of an automatic dialing-announcing device
 
Mississippi Miss. Code Ann. § 77-3-455(2009); Miss. Code Ann. § 77-3-453(5)(2009) No Yes  
Mississippi’s No-Call List does not include cell phone numbers.
https://www.ms.gov/psc/nocall/
 
Miss. Code Ann. § 77-3-453(5)
Automated calls related to soliciting a sale of consumer goods or services are prohibited, unless the call recipient has given prior consent  and the call is introduced by a live operator.
 
  Missouri Mo. R.S. §  407.1095-407.1110; Mo. R.S. § 407.1070 (12) Yes Yes  
Mo. R.S. § 407.1095(3)
(3) "Telephone solicitation", any voice, facsimile, short messaging service (SMS), or multimedia messaging service (MMS)…
 
Mo. R.S. § 407.1098. 1
No person or entity shall make or cause to be made any telephone solicitation to any residential subscriber in this state who has given notice to the attorney general, in accordance with rules promulgated pursuant to section 407.1101 of such subscriber's objection to receiving telephone solicitations.
 
Mo. R.S. § 407.1070 (12)
"Telemarketer" includes any recorded, computer-generated, electronically generated or other voice communication of any kind, who, in connection with telemarketing, initiates or receives telephone calls to or from a consumer.
 
  Montana Mont. Code Ann. § 30-14-1601; Mont. Code Ann. § 45-8-216(1-2) No Yes  
Montana Code Annotated § 30-14-1601
"Telephone solicitation" means any voice communication over a telephone line from a live operator, through the use of an automatic dialing-announcing device, or by other means for the purpose of encouraging the purchase of, rental of, or investment in property, goods, or services.
 
Montana Code Annotated § 45-8-216
State law prohibits automated calls used to sell goods or services, solicit information, gather data through polling, or promote political campaigns.  Automated calls may only be made "if the permission of the called party is obtained by a live operator before the recorded message is delivered."
 
 
  Nebraska Nebraska Revised Statute 86-242; Nebraska Revised Statute 86-244
 
No Yes. Nebraska Revised Statute 86-242
 Telephone solicitation means a telephone call or message using an automatic dialing-announcing device for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which call or message is transmitted to any person.
 
Nebraska Revised Statute 86-244
Automated calls related to soliciting a sale of consumer goods or services are prohibited from contacting all cell phones, residential numbers and business numbers, unless there is a prior established relationship or prior expressed consent.
 
  Nevada NRS 228.520; NRS 228.530 ; NRS 228.590; NRS 597.814 No Yes NRS 228.520  
“Telephone solicitor” means a person who makes or causes another person or a machine to make an unsolicited telephone call for the sale of goods or services..”machine” includes, without limitation, a device for automatic dialing and announcing.
 
NRS 228.590  
A telephone solicitor shall not intentionally make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list of telephone numbers in the registry.
 
NRS 597.814  
Automated calls related to soliciting a sale of consumer goods or services are prohibited from contacting persons on the no-call list. Otherwise,  automated calls to persons not listed on the no-call list are prohibited, unless introduced by a live caller.
 
 
  New Hampshire RSA Section 359-E:8; RSA 359-E:7(X)(2009); RSA 359-E:7(XI)(e)(2009);RSA 359-E:8(II) No Yes RSA Section 359-E:7(X):  
Telemarketing shall not include the solicitation of sales through media other than by telephone calls.
 
RSA Section 359-E:7(XI):  
"Telemarketing sales call'' means a telephone call made by a telemarketer…a call made on behalf of a political campaign by a vendor using automatic dialing equipment shall be deemed a telemarketing sales call under this chapter.
 
RSA Section 359-E:8(II):  All automated calls, including those for political campaigns, are prohibited from contacting numbers on the Federal no- call list.
 
 
  New Jersey New Jersey Statute 48:17-28; New Jersey Statute § 56:8-120 No Yes  
New Jersey Statute 56:6-120
"Telemarketing sales call" means a telephone call made by a telemarketer to a customer as part of a plan, program or campaign to encourage the purchase or rental of, or investment in, merchandise, except for continuing services.
 
New Jersey Statute 48:17-28
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.
 
  New Mexico New Mexico Statute  §  57-12-22; New Mexico Statute  §  57-12-22( c )(1)
 
No Yes New Mexico Statute  §  57-12-22(D)(4)
"Telephone solicitation" means a voice or telefacsimile communication over a telephone line for the purpose of encouraging the purchase or rental of or investment in property, goods or services and includes a communication described in this subsection through the use of automatic dialing and recorded message equipment or by other means
 
New Mexico Statute  §  57-12-22(A)
Automated calls related to soliciting a sale of consumer goods or services are prohibited from contacting persons on the do-not-call list.
 
  New York General Business Law § 399-p;  General Business Law § 399-z(k)(5)  No Yes  
General Business Law § 399-p(d)
"Consumer telephone call" means a call made to a telephone number by a telephone solicitor, whether  by  device,  live  operator,  or  any combination  thereof..
 
General Business Law § 399-z(k)(5)
 Automated calls related to soliciting a sale of consumer goods or services are prohibited from contacting persons on the no-call list.
 
  North Carolina North Carolina Code § 75 101; North Carolina Code §75-104 No Yes  
N.C Code § 75‑101
Telephone solicitation means voice communication, whether prerecorded, live, or a facsimile
 
N.C Code § 75-104
Automated calls are allowed only by non-profits, political campaigns, government officials and research groups to persons on the no-call list and those not listed on the no-call list. Automated calls are required to identify who is making the call and to first be introduced by a live caller who asks if you’re willing to hear a pre-recorded message. All automated calls related to soliciting a sale of consumer goods or services are prohibited from contacting any North Carolina telephone customer.
http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_75/Article_4.pdf
 
  North Dakota  
N.D. Century Code §51-28-01 (5); N.D. Century Code § 51-28-02; N.D. Century Code§ 51-28-06.
 
Yes Yes  
 
N.D. Century Code 51-28-01
"Telephone solicitation" means any voice, text, or other electronic communication over a telephone line for the purpose of encouraging charitable contributions, or the
purchase or rental of, or investment in, property, goods, services, or merchandise, including as defined in subsection 3 of section 51-15-03, whether the communication is made by a live operator, through the use of an automatic dialing-announcing device,
or by other means.
 
N.D. Century Code 51-28-02
Prohibits automated calls, including those by political and polling groups, to all persons, unless the subscriber has knowingly requested, consented to, permitted, or authorized receipt of the message or the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered.
 
N.D. Century Code 51-28-06
 Prohibits  all commercial telephone solicitations, including automated calls, to persons on the Do-Not-Call list.
 
  Ohio Ohio Revised Code §  4719.01
 
Yes No.  
Ohio Revised Code §  4719.01
“Communication” means a written or oral notification or advertisement. The notification or advertisement is transmitted by or on behalf of the seller of goods or services and by or through any printed, audio, video, cinematic, telephonic, or electronic means.
 
  Oklahoma 15 Okl. St. § 775B.2(6);
15 Okj. St. §15-775B.3; 15 Okl. St. § 775.2(1); 15 Okl. St. § 775.2(12)
 
https://www.sos.ok.gov/documents/legislation/53rd/2011/1R/SB/398.pdf
 
Yes
 
Yes  
 
Okj. St. §15-775B.2 (6)
 Telemarketing" means any plan, program, or campaign which is conducted for commercial purposes, by use of … electronic messaging devices and which involves a telephone call or message, including, but not limited to, a cellular telephone text message, initiated by a telemarketer to a consumer located within this state at the time of the call or message; “telemarketing” may include use of random dialing or other devices for such purposes and use of recorded or simulated voices or automated electronic text messages delivery devices.
 
Okj. St. §15-775B.3
The Attorney General shall establish, and thereafter maintain, a statewide registry which shall contain a list of consumers who desire not to receive unsolicited telemarketing sales calls or messages, including, but not limited to, a cellular telephone text message.
 
http://www.oag.state.ok.us/oagweb.nsf/DoNotCall
 
  Oregon ORS 19.190.060; ORS 646.551 to 646.578; ORS 646A.372(2)(c). Yes Yes  
ORS 19.190.060
No person conducting business in the state may initiate or assist in the transmission of an electronic commercial text message to a telephone number assigned to a Washington resident for cellular telephone or pager service that is equipped with short message capability or any similar capability allowing the transmission of text messages.
 
ORS 646.551 to 646.578
“Telephonic seller” ..initiates telephonic contact with a prospective purchaser.
 
ORS 646A.372(2)(c)
Prohibits making any telephone calls using "automatic dialing and announcing devices" ("robocalls") to numbers listed in the federal Do Not Call Registry.
 
 
  Pennsylvania 73 P.S. § 2245.2
 
No No  
  Rhode Island Rhode Island General Laws  § 5-61-3.5; Rhode Island General Laws  §  5-61-2; Rhode Island General Laws  §  5-61-3.4 Yes Yes  
Rhode Island General Laws  § 5-61-2
“Telephonic Seller” includes the use of an automatic dialing-announcing device to cause a telephone solicitation.
 
Rhode Island General Laws  § 5-61-3.5
No  person or entity conducting business in this state shall transmit or cause to be transmitted a text message advertisement to a cellular telephone or pager equipped with short message capability or any similar capability allowing the transmission of text messages.
 
Rhode Island General Laws § 5-61-3.4 
A telephonic seller shall not use or connect to a telephone line an automatic dialing-announcing device unless: (1) the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or (2) the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered.
 
  South Carolina S.C. Code Ann. § 16-17-446 No Yes  
No state no-call list or restrictions.
 
S.C. Code Ann. § 16-17-446: Robocalls may only be made based on an existing relationship from 8am to 7pm.. Automated calls may only be made in response to an express request of the recipient or in response to an existing business relationship. Calls may not be made between 7:00 PM and 8:00 AM.
 
  South Dakota South Dakota Codified Law § 37-30-24;
S.D. Codified Laws § 37-30-2; S.D  Codified Law § 37-30-27
No Yes  
S.D  Codified Law § 37-30-24
A telephone solicitation is the unsolicited initiation of a telephone call to a residential telephone customer for the purpose of encouraging a person to purchase property, goods, or services or soliciting donations of money, property, goods, or services.
 
S.D. Codified Laws § 37-30-2
Only automated calls used for solicitation or collections are prohibited from contacting persons on the no-call list.
 
S.D  Codified Law § 37-30-27
No person may use an automated telephone dialing system to make a telephone solicitation to any unlisted, unpublished, toll-free long distance or direct inward dial telephone number within the state  or cell phone number.
 
  Tennessee Tennessee Code Annotated §1220-4-11-.01; T.C.A. § 65-4-40; T.C.A. 1220-04-11-.0
 
No Yes  
Tennessee Code Annotated §1220-4-11-.01(18)
“Telephone solicitor” means any natural person, firm, organization, partnership, association
or corporation, or a parent, subsidiary or affiliate thereof, doing business in this state, who
makes or causes to be made a telephone solicitation, including, but not limited to, calls made
by use of automated dialing and announcing devices or by a live person.
 
Tennessee Code Annotated §1220-4-11-.01(19)
“Telephone solicitation” means any voice communication over a telephone.
 
 
  Texas Tex. Bus. & Comm. Code sec. 304.002(10)(C); Tex. UT. Code § 55.121
 
Yes Yes  
Tex. Bus. & Comm. Code sec. 304.002(10)(C)
 The list prevents telephone solicitations (including text messages or images) to residential and wireless phone numbers from all telemarketers operating in Texas.
 
Tex. UT. Code § 55.121
Only automated calls used for solicitation or collections are prohibited from contacting persons on the no-call list.
 
  Utah Utah Code § 13-25a-103; Utah Code Section 13-39-202
; Utah Code §13-25a-108
Yes(minors) Yes  
Utah Code Section 13-39-202
Prohibition on sending materials that are harmful to minors to individuals listed on the state Do Not Call list.
 
Utah Code § 13-25a-103/ Utah Code §13-25a-108 Prohibits automated calls to numbers listed on the no-call list for a commercial purpose  or to seek a financial donation. 
 
  Vermont 9 V.S.A. § 2464a(7)(b)(2); 9 V.S.A. § 2464a(6)(A) Yes Yes  
9 V.S.A. § 2464a(7)(b)(2)
No person shall make any telephone call to a telephone number in Vermont which violates the Federal Trade Commission's do not call rule (sending text messages and using autodialers to send commercial messages are prohibited under 47 C.F.R. subdivision 64.1200(c)(2)).
 
 
  Virginia Code of Virginia§ 59.1-510
 
Code of Virginia § 59.1-518.2.; § 24.2-959.
No Yes  
Code of Virginia§ 59.1-510
"Telephone solicitation call" means any telephone call made to any natural person's residence in the Commonwealth, or to any wireless telephone with a Virginia area code, for the purpose of offering or advertising any property, goods or services for sale, lease, license or investment, including offering or advertising an extension of credit.
 
Code of Virginia § 59.1-518.2.; Code of Virginia  § 24.2-959
Prohibits all automated calls that solicit the sale of goods or services without  the recipient’s prior consent or a live operator  preceding the message. Political automated calls must disclose name of candidate and who paid for the call.
 
  Washington Rev. Code Wash. § 19.158.020;
Rev. Code Wash. (ARCW) § 80.36.400;
Rev. Code Wash. § 19.190.060
 
No

Yes

 

Rev. Code Wash. §  19.190.060

No person conducting business in the state may initiate or assist in the transmission of an electronic commercial text message to a telephone number assigned to a Washington resident for cellular telephone or pager service that is equipped with short message capability or any similar capability allowing the transmission of text messages.

 

Rev. Code Wash.  § 19.158.020:

"Commercial telephone solicitation" means.. other communication with a person ..written or oral notification or advertisement transmitted through any means.
 
Rev. Code Wash. § 80.36.400:
Prohibits all automated calls that solicit the sale of goods or services.
 
  West Virginia West Virginia Code §46A
 
West Virginia Code § 46A-6F-112.
 
No No  
West Virginia Code § 46A-6F-112
"Telemarketing solicitation" means and includes any communication between a telemarketer
and a prospective purchaser for the purpose of selling or attempting to sell the purchaser any consumer
goods or services…communication means a written or oral notification or advertisement transmitted from a telemarketer to a consumer by any means.
 
The definition of telemarketing solicitation includes both text messages and commercial robocalls, however they are not prohibited under the statute.
 
  Wisconsin Wis. Stats. 100.52(4)(a)(1-3);Wis. Stats. 100.52(1)(i)  No Yes  
Wis. Stats. 100.52(1)(i)
“Telephone solicitation” means the unsolicited
initiation of a telephone conversation for the purpose
of encouraging the recipient of the telephone call to
purchase property, goods or services.
 
Wis. Stats. 100.52(4)(a)(1-3)
 Prohibits all automated calls that solicit the sale of goods or services sent to individuals without their consent or listed on the no-call list 
 
  Wyoming Wyo. Stat. § 40-12-102;
Wyo. Stat. § 6-6-104
No Yes  
Wyo. Stat. § 6-6-104
State law makes it a crime to use automated calls to sell goods or services, solicit information, gather data through polling, or promote political campaigns to any individual.
 
           
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NCSL Contacts:  Jo Anne Bourquard, jo.anne.bourquard@ncsl.org and Cassandra Kirsch, cassandra.kirsch@ncsl.org
 

   

 

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Denver, CO 80230
Tel: 303-364-7700 | Fax: 303-364-7800

Washington

444 North Capitol Street, N.W., Suite 515
Washington, D.C. 20001
Tel: 202-624-5400 | Fax: 202-737-1069

Copyright 2014 by National Conference of State Legislatures