Alabama Consent Requirements
What consent you need before calling or texting consumers in Alabama
Mini-TCPA State — Stricter than Federal
Alabama has enacted Ala. Code § 8-19C-1 et seq. which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Alabama for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Written Consent Required | Required | No | Valid |
| Prerecorded | Written Consent Required | Required | No | Not Sufficient |
| Ringless Voicemail | Written Consent Required | Required | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Alabama relies on the federal TCPA framework for consent on voice calls. For manual dialing to non-DNC numbers, prior express consent (not written) is sufficient. Alabama's Telemarketing Act focuses on registration and bonding rather than consent standards. For ATDS calls to cell phones, federal TCPA requires prior express written consent for marketing.
ATDS Definition
Alabama does not define ATDS independently. The federal TCPA definition (post-Facebook v. Duguid) applies. An ATDS is equipment that uses a random or sequential number generator to store or produce numbers AND dial them.
Exemptions
EBR and B2B exemptions apply under federal rules.
Statute
Ala. Code § 8-19C-1 et seq.
SMS
Notes
SMS marketing to Alabama consumers follows federal TCPA and FCC rules. Prior express written consent required for marketing texts sent via ATDS. The FCC one-to-one consent rule (Jan 2025) applies — purchased lead lists with bundled consent are not viable for automated texting.
ATDS Definition
Federal TCPA definition applies. No separate state ATDS definition for text messaging.
Exemptions
Transactional/informational texts with prior relationship may not require written consent under federal rules.
Statute
Ala. Code § 8-19C-1 et seq.; 47 U.S.C. § 227
AI Voice
Notes
AI voice calling in Alabama follows federal rules. The FTC has clarified that AI-generated voices constitute artificial or prerecorded voice under TCPA, requiring prior express written consent for marketing calls to cell phones. AI voice agents must identify themselves as non-human at call start under FTC impersonation rules.
ATDS Definition
No Alabama-specific AI voice calling statute. Federal TCPA and FTC rules apply. AI voice calls that use automated dialing are ATDS calls requiring prior express written consent.
Statute
47 U.S.C. § 227; FTC Telemarketing Sales Rule
Prerecorded
Notes
Prerecorded calls to cell phones require prior express written consent under federal TCPA. No separate Alabama statute adds to this requirement. Prerecorded calls to landlines require prior express consent (not written) unless the number is on the DNC list.
ATDS Definition
Federal TCPA definition applies. Prerecorded calls to cell phones require prior express written consent under federal law.
Exemptions
Emergency calls and healthcare appointment reminders may be exempt under federal rules.
Statute
47 U.S.C. § 227(b)(1)(A)
Ringless Voicemail
Notes
Treat RVM as requiring prior express written consent in Alabama. The FCC has indicated RVM is a call under TCPA. No state-specific guidance provides a safe harbor for RVM without consent.
ATDS Definition
No Alabama-specific RVM statute. FCC has signaled RVM constitutes a call under federal TCPA, meaning prior express written consent is required for marketing RVM to cell phones.
Statute
47 U.S.C. § 227
MMS
Notes
MMS marketing follows the same rules as SMS in Alabama. Prior express written consent required for automated MMS marketing. No state-specific distinction between SMS and MMS.
ATDS Definition
Federal TCPA definition applies. MMS treated identically to SMS for consent purposes.
Exemptions
Same exemptions as SMS under federal rules.
Statute
Ala. Code § 8-19C-1 et seq.; 47 U.S.C. § 227
Fax
Notes
Unsolicited fax advertising prohibited under federal law. Prior express consent required. EBR provides exemption under JFPA with opt-out notice on each fax.
ATDS Definition
Federal TCPA and Junk Fax Prevention Act govern fax solicitations. No separate Alabama fax statute.
Exemptions
EBR exemption under JFPA for existing business relationships with opt-out notice on each fax.
Statute
47 U.S.C. § 227(b)(1)(C)
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →