State Laws
Our clickable map provides analysis and links to state laws on robocalls:
Please note that this is an informational guide to many current state laws as of July 2009 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 above or below.
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 or cover the ever increasing cost of postage for print mailers.
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 (many argue that the Fourteenth Amendment applies the Bill of Rights to the states.) We require all customers to sign a disclaimer stating that they are conducting their campaign according to the law, and as many are potential and current lawmakers, they know the law better than Winning Calls!
At a minimum, at least for commercial calls and possibly non-commercial calls, 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. (Made easier with our Virtual HQ Call Back NumberSM.) Also, note the federal TCPA came out in 1991 -- before the rise of the "web" address as one of the primary means of contacting campaigns 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.
Of course, there is a constitutional limit to what the federal TCPA can be stretched to cover, with the 2010 Supreme Court overturning of large swaths of the McCain-Feingold act standing as one of the most recent defenses of the First Amendment protected right to free speech. This could mean that modern anonymous political voice broadcasting is just as protected as was the anonymous political print broadcasting of the Kentucky & Virginia resolutions some 200+ years ago.
At the local level, however, several state robo call laws require disclosure of who is paying for the call. Often, 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", "robodialing", "robocalling", "robo call laws", "prerecorded", "auto calls", "automated call", "recorded messages", "voice broadcasting", "computer generated calls", "computer assisted calling", "autodialers", 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.
The detailed links to state laws were last updated in July 2009 with help from Jason C. Miller, author of Regulating Robocalls: Are Automated Calls the Sound of, or a Threat to, Democracy? Click on the map above or state abbreviation 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:
- The Prohibition on automated calls in general, or calls to numbers on the Do Not Call Registry, does not apply to "calls limited to soliciting the expression of ideas, opinions, or votes." Alaska Stat. § 45.50.471(g)(4)(B)(iii) (2009).
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Alabama
No restrictions on calls at the state level.
Pertinent sections of state laws:
- Alabama law limits the definition of telphone solicitation to selling goods or services. Code of Ala. § 8-19A-3(3)(a) (2009). Direct link to section unavailable, please click Title 8 Commercial Law and Consumer Protection, then click Chapter 19A Alabama Telemarketing Act, then click Section 8-19A-3 (Effective until July 1, 1999, for administrative establishment of database and until July 1, 2000, for all purposes.) Definitions.
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Arkansas
Automated calls used "for soliciting information, gathering data, or for any other purpose in connection with a political campaign" are illegal and violators may be subject to civil or criminal penalties.
Pertinent sections of state laws (PDF version, page 844):
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Arizona
No restrictions on calls at the state level.
Pertinent sections of state laws:
- The definition of telephone solicitation is limited to the sale of merchandise. A.R.S. § 44-1271(15) (2009).
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California
Automated calls may be made to those with whom you have an "established relationship." This term is not defined in statute as party membership, organizational affiliation, registered voters, previous donors, or campaign volunteer lists. It might also include existing customers, clients in the collections process, raffle or sweepstakes participants, and others.
Pertinent sections of state laws:
- Calls may not be made between 9:00 PM and 9:00 AM. Fewer restrictions apply if the caller has an "established relationship" with the recipient (or other exemption.) See § 2872 part (f), "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." Cal Pub Util Code § 2872 (2009).
- State law requires that a live operator obtain consent before playing the recorded message (unless an "established relationship" or other exemption exists.) Cal Pub Util Code § 2873 (2009); Cal Pub Util Code § 2874 (2009).
- Vendors must register with the local phone company before making calls (when calls are made to those with whom you do not have an "established relationship" or other exemption.) Cal Pub Util Code § 2875 (2009).
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Colorado
No restrictions on calls at the state level.
Pertinent sections of state laws:
- The prohibition on automated dialing systems is limited to soliciting a person to purchase goods or services. C.R.S. 18-9-311(1) (2009). No direct link available, please click Colorado Revised Statutes, then click Colorado Revised Statutes, then click Title 18 Criminal Code, then click Article 9 Offenses Against Public Peace, Order, and Decency, then click Part 3 Offenses Involving Communication.
- The definition of solicitation does not include those making calls for polling, political, or religious purposes. C.R.S. 6-1-302(1)(b)(II)(c) (2009). No direct link available, please click Colorado Revised Statutes, then click Colorado Revised Statutes, then click Title 6 Consumer and Commercial Affairs, then click Fair Trade and Restraints of Trade, then click Article 1 Colorado Consumer Protection Act, then click Part 3 Prevention of Telemarketing Fraud, then click 6-1-302. Definitions.
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Connecticut
All calls made by a candidate, candidate committee, or exploratory committee must include the name and voice of the candidate.
Pertinent sections of state laws:
- The definition of telephone solicitation is limited to the sale of merchandise. Conn. Gen. Stat. § 9-621 (2009). No direct link available, please Type 9-621 in the Section Number space and click search, then click the only search result that appears Chapter 155, but do not click the link provided towards the top of the page (it's a dead link), instead Find the actual statute by using Ctrl+F and type 9-621 in the box and click Next until you reach the section where 9-621 is in the title. (Approximately the fifth appearance of 9-621).
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District of Columbia
No restrictions on calls at the district level.
Pertinent sections of district laws:
- Only automated calls that attempt to sell or lease goods, services, or property are regulated. D.C. Code § 34-1701(a)(2) (2009).
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Delaware
No restrictions on calls at the state level.
Proposed legislation:
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Florida
Automated political calls must identify the caller and may not represent that the calls are made on behalf of another without written approval.
Pertinent sections of state laws:
- All calls supporting or opposing a candidate or ballot proposal must state either "paid for by" or "paid for on behalf of" the candidate or ballot proposal. Fla. Stat. § 106.147(1)(a) (2009).
- A poll with less than 1000 completed calls averaging less than 2 minutes in duration is presumed to be a political poll and does not require the disclaimer. Fla. Stat. § 106.147(b) (2009).
- No call can imply that it represents someone without that person's written approval to make that representation. Fla. Stat. § 106.147(1)(b) (2009).
- Calls may not claim to represent persons or organizations that do not actually exist. Fla. Stat. § 106.147(d) (2009).
- Calls that are not independent expenditures which advocate for or against a candidate or ballot proposal require prior written authorization from the candidate or ballot proposal sponsor. Fla. Stat. § 106.147(e)(2) (2009).
- Vendors such as Winning Calls must register with the state. This is done on a per candidate/campaign basis using an extra PDF form supplied by the state and faxed back to them.Fla. Stat. § 106.1475 (2009).
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Georgia
No restrictions on calls at the state level.
Pertinent sections of state laws:
- Non-commercial calls are exempted from the state ADA law. O.C.G.A. § 46-5-23(b)(1) (2009).
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Hawaii
No restrictions on calls at the state level.
Pertinent sections of state laws:
- The time of day restrictions only apply where the caller is selling goods or services. HRS § 481P-3(8) (2009); HRS § 481P-1 (2009). No direct link available.
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Iowa
No restrictions on calls at the state level.
Pertinent sections of state laws:
- Non-commercial calls are exempt from the state's autodialer law. Iowa Code § 476.57(b)(1) (2009).
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Idaho
The name of the person for whom the message is made, the purpose of the message, and the contact information of the caller must be played at the start of the call. Calls may not be made between 9:00 PM and 9:00 AM.
Pertinent sections of state laws:
- State law requires the the name of the person for whom the message is being made, the purpose of the message, and the contact information of the caller at the outset of the call. Idaho Code § 48-1003C(1) (2009).
- The state administrative code prohibits making unsolicited calls before 9:00 a.m. or after 9:00 p.m. in the called party's local time. 815 ILCS 402/5(e) (2009). Direct link unavailable, please click § 31.51.02. Automatic Dialing and Announcement Devices (ADAAD), then a PDF file will appear with this section on page 3.
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Illinois
No restrictions on calls at the state level.
Pertinent sections of state laws:
- Political, charitable, and public opinion polling calls are exempt from the state's autodialer laws. 815 ILCS 305/20(3) (2009).
- The telemarketing regulations only cover commercial solicitation. 815 ILCS 402/5(e) (2009).
- Proposed legislation: Senate Bill 146. UPDATE: January 2010 - Looks like SB146 was gutted and replaced with completely different text.
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Inidiana
Automated calls are prohibited without prior consent or unless a live operator comes on first.
Pertinent sections of state laws:
- State law prohibits robocalls unless the recipient has voluntarily agreed to receive automated calls or a live operator comes on first to obtain consent before the message is played. Exceptions exist for school districts and a few other limited situations. IC 24-5-14-10 (2009).
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Kansas
No restrictions on calls at the state level.
Pertinent sections of state laws:
- Only calls made for the purpose of soliciting a sale of any property or services to the person called, or for the purpose of soliciting an extension of credit for property or services to the person called, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of property or services to the person called or an extension of credit for such purposes are regulated. K.S.A. § 50-670(a)(1) (2008).
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Kentucky
Automated calls used for conducting polls must identify the caller and are limited to 8:00 AM to 9:00 PM. Some prohibitions, but meeting notices for organization members are expressly allowed, among other uses.
Pertinent sections of state laws:
- Automated calls made "for conducting polls, for soliciting information, or for advertising goods, services, or property" must identify the name and telephone number of the caller within the first 25 seconds of the message and at the end of the call, provide a phone number that is actually staffed during business hours, and be made only between 8:00 AM and 9:00 PM. KRS § 367.461 (2009).
- Vendors like Winning Calls must obtain a permit and bond if several conditions from § 367.461 are not met (but we can work with you to help meet these requirements.) KRS § 367.469 (2009).
- The definition of telephone solicitor only includes commecial calls. KRS ยง 367.46951 (2009).
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Louisiana
Election related calls must identify who paid for the call and whether the candidate or committee authorized the call.
Pertinent sections of state laws:
- State law requires that calls related to candidates or ballot questions must identify the source of the call and state whether it was authorized by the candidate or committee. La. R.S. 18:1463.1(B) (2009).
- Automated polls involving fewer than 1500 completed calls averaging no more than 2 minutes in duration are presumed scientific polls and are excempted from the disclosure requirements. La. R.S. 18:1463.1(B)(3) (2009) .
- Automated calls may not imply that the caller represents a candidate or organization unless the caller obtains a written approval and files a copy with the Secretary of State before the calls are made. La. R.S. 18:1463.1(C) (2009).
- Other state restrictions (including time of day regulations and registration requirements) do not apply to calls made persuant to political campaigns. La. R.S. 45:816(8) (2009).
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Massachusettes
Local phone companies maintain a special registry that automated calls may not be made to.
Pertinent sections of state laws:
- Local phone companies are required to maintain a special Do Not Call Registry for automated calls. ALM GL ch. 159, § 19C (2009).
- Numbers on the special Do Not Call Registry may not be called. ALM GL ch. 159, § 19D (2009).
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Maryland
No restrictions on calls at the state level.
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Maine
Automated calls used for conducting polls must identify the caller and are limited to 8:00 AM to 9:00 PM.
Pertinent sections of state laws:
- Automated calls that name a candidate within 21 days before a primary election or 35 days before a general election must clearly state the name of the person who made or financed the call, except for automated calls paid for by a candidate that use the candidate's own voice and support that candidate. Calls made for polling purposes are not required to include a disclaimer. 21-A M.R.S. § 1014 (2009).
- Push polls are heavily regulated. A call that uses a list to select the recipients based on certain characteristics, fails to make demographic inquiries allowing tabulation of results, does not collect or tabulate survey results, prefaces a question about a candidate on an untrue statement, or is primarily for the purpose of changing the voting position of the recipient is a push poll. Push polls must include a disclaimer that "This is a paid political advertisement by ___" and "This call is conducted by____" if conducted by a different organization. Unless already registered under campaign finance laws, the caller must disclose a valid telephone number and address. If made on behalf of a candidate, that candidate's name and office sought must be disclosed. If not made on behalf of a candidate, the call must state that the candidate has not approved the call. 21-A M.R.S. § 1014-B (2009).
- Vendors like Winning Calls must register if making a push poll call. 21-A M.R.S. § 1014-B(3) (2009).
- Automated calls used for polling may not be made to cellular phones or unlisted numbers. Automated polling calls may only be made between 9 AM and 5 PM on weekdays and only one call is allowed per day. These calls must identify the name, address, and phone number of the caller within the first minute. 10 M.R.S. § 1498 (2009).
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Michigan
No restrictions on calls at the state level.
Pending Legislation:
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Minnesota
Automated calls may only be made with prior permission or if a live operator first obtains permission.
Pertinent sections of state laws:
- A caller must secure prior permission or have a live operator come on first to obtain permission. Minn. Stat. § 325E.27 (2009).
- When a a live operator comes on first, the operator must state the name of the caller and purpose of the message. Minn. Stat. § 325E.29 (2009)
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Missouri
No restrictions on calls at the state level.
Pertinent sections of state laws:
- The state telemarketing restrictions only apply to calls inducing the purchase or lease of merchandise. § 407.1070(13) R.S.Mo. (2009).
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Mississippi
Automated calls may only be made with prior permission or if a live operator first obtains permission.
Pertinent sections of state laws:
- Automated calls may only be placed with prior permission or if a live operator comes on first and states the nature of the call, the name, address, and phone number of the caller, and then obtains permission to play the recorded message. Miss. Code Ann. § 77-3-455 (2009); Miss. Code Ann. § 77-3-453(5) (2009).
- Calls cannot be made between 9:00 PM and 9:00 AM Central time. Miss. Code Ann. § 77-3-453(3) (2009).
- Vendors like Winning Calls must apply to the local telephone company and provide certain disclosures before making a call. Miss. Code Ann. § 77-3-457 (2009).
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Montana
Automated calls may only be made if a live operator first obtains permission.
Pertinent sections of state laws:
- State law covers automated calls used to sell goods or services, solicit information, gather data through polling, or promote political campaigns. Mont. Code Anno., § 45-8-216(1) (2009).
- 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." Mont. Code Anno., § 45-8-216(2) (2009).
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North Carolina
Automated calls made by charities, political groups, or pollsters are permitted as long as the caller provides identifying information.
Pertinent sections of state laws:
- Only charitable organizations, political parties, candidates, government officials, and opinion polls may use automated calls. N.C. Gen. Stat. § 75-104(b)(1)a (2009).
- The call must include a disclaimer clearly identifying the caller's name, contact information, and the nature of the call. N.C. Gen. Stat. § 75-104(b)(1)c (2009).
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North Dakota
Automated calls may only be made if a live operator obtains consent first and may not be made between 9:00 PM and 8:00 AM or to numbers on the Do Not Call Registry.
Pertinent sections of state laws:
- A live operator must obtain consent before the recorded message is played. N.D. Cent. Code, § 51-28-02 (2009).
- Calls may not be made to numbers on the Do Not Call Registry. N.D. Cent. Code, § 51-28-04(4) (2009).
- Calls may not be made between 9:00 PM and 8:00 AM. N.D. Cent. Code, § 51-28-05 (2009).
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Nebraska
Automated calls must state the identity and phone number of the caller and may not be made between 9:00 PM and 8:00 AM. A copy of the message must be filed after the call is made.
Pertinent sections of state laws:
- Non-commercial calls may not be made between 9:00 PM and 8:00 AM, must disclose at the beginning of the message the identity of the caller, and provide the phone number of the caller. R.R.S. Neb. § 86-256 (2009).
- Vendors, like Winning Calls, must register with the state and pay a $500 fee, which is usually passed on to clients. The person contracting for the calls must file a copy of the message within 24 hours after the calls are made. R.R.S. Neb. § 86-256 (2009); Nebraska Admin. Code Title 291, Ch. 11 (2009) .
- 2010 NOTE: The law looks like it recently changed. Specifically, there are no fees for candidate calls. And the law may no longer even apply to candidate calls. Check the state's website for details.
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New Hampshire
Automated political calls may not be made to numbers on the national Do Not Call Registry.
Pertinent sections of state laws:
- Automated calls made on behalf of political campaigns (rather than by the campaign using its own equipment) may not be made to numbers on the national Do Not Call Registry. RSA 359-E:7(XI)(e) (2009); RSA 359-E:8(I) (2009).
- The definition of solicitation in other regulations includes the sale of goods and polling calls. RSA 359-E:1(II) (2009).
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New Jersey
Automated calls may not be made unless a live operator first obtains consent or unless a prior or current relationship exists between the caller and the subscriber. Existing relationship is not defined but perhaps covers registered voters, party members, volunteer lists, previous donors, and the like.
Pertinent sections of state laws:
- A live caller must obtain the recipient's consent before the recorded message is played. N.J. Stat. § 48:17-28 (2009).
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New Mexico
The name of the caller must be stated during the message and the caller must keep a copy of the message. Winning Calls can email you a WAV copy of the final recording to help fulfill this requirement.
Pertinent sections of state laws:
- If the call is made by a campaign committee or political campaign and advocates the election or defeat of a candidate or ballot question, the call must state the full name of the caller and the caller must maintain copy of the message script. N.M. Stat. Ann. § 1-19-26.3 (2009).
- Other regulations only cover solicitation of goods or services. N.M. Stat. Ann. § 57-12-22 (2009).
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Nevada
Push polls must disclose the name and phone number of the caller.
Pertinent sections of state laws:
- Persuasive or "push" polls, which are polls that are not conducted for a scientific purpose and contain negative information about a candidate, must disclose the name and telephone number of the sponsor. Nev. Rev. Stat. Ann. § 294A.341 (2009)
- Nonprofit organizations, candidates, and political committees are exempt from other state regulations. Nev. Rev. Stat. Ann. § 597.816 (2009).
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New York
Automated calls must disclose the identity, phone number, and address of the caller and may not block caller ID. You can use Winning Calls' Virtual HQ service to setup a campaign phone number to help meet this requirement.
Pertinent sections of state laws (no public link available):
- Calls must state the nature of the call and identity of the caller at the begining of the message and the name and phone number at the end of the message. Callers may not block the number from displaying on the recipient's caller ID. NY CLS Gen Bus § 399-p (2009).
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Ohio
No restrictions on calls at the state level.
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Oklahoma
No restrictions on calls at the state level.
Pertinent sections of state laws:
- The definition of telemarketing is limited to calls selling goods or services. 15 Okl. St. § 775B.2(1) (2009); 15 Okl. St. § 775B.2(12)(c) (2009).
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Oregon
Automated calls may not be made to numbers on the Do Not Call Registry or between the hours of 9:00 PM and 9:00 AM.
Pertinent sections of state laws:
- Automated calls may not be made to numbers on the Do Not Call Registry or between the hours of 9:00 PM and 9:00 AM. ORS § 646A.372 (2009).
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Pennsylvania
Automated calls must disclose the identity of the caller and details of the call and are subject to time restrictions.
Pertinent sections of state laws:
- Public utilities are required to ensure that automated callers disclose the name, address, and call-back telephone number of the caller, the nature of the call, and that it is an automated call at the begining of the call. Calls may not be made Sunday before 1:30 PM or between 9:00 PM and 9:00 AM other days. 52 Pa. Code § 63.60(b)(2) (2009).
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Rhode Island
No restrictions on non-commercial calls at the state level.
Pertinent sections of state laws:
- State law only regulates "sellers." N.M. Stat. Ann. § 1-19-26.3 (2009).
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South Carolina
Automated calls may only be made based on an existing relationship from 8am to 7pm.
Pertinent sections of state laws:
- 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. S.C. Code Ann. § 16-17-446 (2009).
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South Dakota
Regulations only cover selling of goods or services or solicitating of charitable contributions.
Pertinent sections of state laws:
- State law limits regulations to solicitors and defines solicitation as selling goods or services or soliciting charitable contributions. Solicitors may not call between 9:00 PM and 9:00 AM and may not call unlisted numbers. S.D. Codified Laws § 37-30-2 (2009); S.D. Codified Laws § 49-31-1 (2009); S.D. Codified Laws § 37-30-28 (2009); S.D. Codified Laws § 37-30-27 (2009).
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Tennessee
Automated polls may not be made without prior permission and must disclose the identity of the caller.
Pertinent sections of state laws:
- Automated polls require prior consent in writing from the caller or a live operator first obtaining permission. Polls may not be made between 9:00 PM and 8:00 AM. Polls must disclose the name of the caller and a phone number that is answered during business hours within the first 25 seconds of the call. Tenn. Code Ann. § 47-18-1502 (2009)
- Other regulations are limited to soliciting the sale of goods or services. Tenn. Code Ann. § 47-18-1526(a)(4) (2009).
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Texas
Only automated calls selling goods or services are regulated.
Pertinent sections of state laws:
- State law only regulates calls that solicit the sale of goods or services. Tex. Bus. & Com. Code § 37.01 (2009).
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Utah
Only automated calls selling goods or services are regulated.
Pertinent sections of state laws:
- State law only regulates calls that solicit the sale of goods or services. Va. Code Ann. § 59.1-518.1 (2009).
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Virginia
Must disclose name of candidate and who paid for the call.
Pertinent sections of state laws:
- Does not specify if campaign address is required but makes mention of penalties for false names and addresses. Va. Code Ann. § 24.2-959 (2009).
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Vermont
No restrictions on calls at the state level.
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Washington
Only automated calls selling goods or services are regulated.
Pertinent sections of state laws:
- State law only regulates calls that solicit the sale of goods or services. Rev. Code Wash. (ARCW) § 80.36.400 (2009).
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Wisconsin
No restrictions on calls at the state level.
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West Virginia
No restrictions on calls at the state level.
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Wyoming
Automated calls are illegal.
Pertinent sections of state laws:
- 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. Wyo. Stat. § 6-6-104 (2009).
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