Arizona Consent Requirements
What consent you need before calling or texting consumers in Arizona
Mini-TCPA State — Stricter than Federal
Arizona has enacted A.R.S. § 44-1271 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 Arizona 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
Manual dialing to non-DNC numbers requires prior express consent. Arizona's statute requires caller identification within the first minute. For automated calling, federal TCPA written consent requirements apply on top of state registration requirements.
ATDS Definition
Arizona does not define ATDS independently. Federal post-Duguid definition applies. Arizona's statute focuses on prohibiting prerecorded/automated calls without consent rather than defining the equipment.
Exemptions
EBR exemption. B2B exemption. Licensed professionals may have limited exemptions.
Statute
A.R.S. § 44-1271 et seq.
SMS
Notes
SMS marketing to Arizona consumers follows federal TCPA rules. Prior express written consent required for marketing texts via ATDS. FCC one-to-one consent rule (Jan 2025) applies. Arizona is a major market for REI and solar — text blast campaigns without consent are actively enforced.
ATDS Definition
Federal TCPA definition applies. No separate Arizona ATDS definition for text messaging.
Exemptions
Transactional messages to existing customers may have lower consent requirements.
Statute
A.R.S. § 44-1271 et seq.; 47 U.S.C. § 227
AI Voice
Notes
AI voice calling in Arizona follows automated/prerecorded call rules. Prior express written consent required. FTC AI impersonation rules apply. Must identify as AI at call start.
ATDS Definition
No Arizona-specific AI voice statute. AI voice calls treated as automated/prerecorded under both state and federal law.
Statute
A.R.S. § 44-1271 et seq.; 47 U.S.C. § 227
Prerecorded
Notes
Arizona explicitly restricts prerecorded solicitation messages. Combined with federal TCPA, prior express written consent is required for prerecorded marketing calls to cell phones. Arizona's private right of action adds state-level risk for violations.
ATDS Definition
Arizona statute explicitly prohibits prerecorded solicitation messages without prior consent. Federal TCPA adds written consent requirement for prerecorded calls to cell phones.
Exemptions
Emergency and informational calls with prior relationship may be exempt.
Statute
A.R.S. § 44-1271 et seq.; 47 U.S.C. § 227(b)(1)(A)
Ringless Voicemail
Notes
Treat RVM as requiring prior express written consent in Arizona. The private right of action means consumers can pursue state claims for unauthorized RVM.
ATDS Definition
No Arizona-specific RVM statute. Federal FCC guidance treating RVM as a call applies.
Statute
47 U.S.C. § 227
MMS
Notes
MMS follows same rules as SMS in Arizona. Prior express written consent required for automated marketing MMS.
ATDS Definition
Federal TCPA definition applies. MMS treated identically to SMS.
Exemptions
Same exemptions as SMS.
Statute
A.R.S. § 44-1271 et seq.; 47 U.S.C. § 227
Fax
Notes
Fax solicitation in Arizona follows federal TCPA and JFPA rules. Prior express consent required. EBR exemption available with opt-out notice.
ATDS Definition
Federal TCPA and JFPA govern. No separate Arizona fax solicitation statute.
Exemptions
EBR exemption under JFPA 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 →