Arkansas Consent Requirements
What consent you need before calling or texting consumers in Arkansas
Mini-TCPA State — Stricter than Federal
Arkansas has enacted Ark. Code Ann. § 4-99-101 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 Arkansas 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. Must disclose identity and purpose at call start. For automated calling, federal TCPA written consent requirements apply. Arkansas registration and bonding required before any solicitation calls.
ATDS Definition
Arkansas does not define ATDS independently. Federal post-Duguid definition applies. The state statute prohibits automated dialing equipment for solicitation without consent but does not expand the ATDS definition.
Exemptions
EBR exemption. B2B exemption. Nonprofit and political exemptions.
Statute
Ark. Code Ann. § 4-99-101 et seq.
SMS
Notes
SMS marketing to Arkansas consumers follows federal TCPA rules. Prior express written consent required for marketing texts via ATDS. FCC one-to-one consent rule (Jan 2025) applies.
ATDS Definition
Federal TCPA definition applies. No separate Arkansas ATDS definition for text messaging.
Exemptions
Transactional messages to existing customers may have lower consent requirements.
Statute
Ark. Code Ann. § 4-99-101 et seq.; 47 U.S.C. § 227
AI Voice
Notes
AI voice calling in Arkansas 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 Arkansas-specific AI voice statute. AI voice calls treated as automated/prerecorded under both state and federal law.
Statute
Ark. Code Ann. § 4-99-101 et seq.; 47 U.S.C. § 227
Prerecorded
Notes
Arkansas explicitly restricts prerecorded solicitation messages. Combined with federal TCPA, prior express written consent is required for prerecorded marketing calls to cell phones.
ATDS Definition
Arkansas statute explicitly prohibits prerecorded solicitation messages without consent. Federal TCPA adds written consent requirement for prerecorded calls to cell phones.
Exemptions
Emergency calls and informational calls with prior relationship may be exempt.
Statute
Ark. Code Ann. § 4-99-101 et seq.; 47 U.S.C. § 227(b)(1)(A)
Ringless Voicemail
Notes
Treat RVM as requiring prior express written consent in Arkansas. The private right of action means consumers could pursue state claims for unauthorized RVM.
ATDS Definition
No Arkansas-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 Arkansas. 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
Ark. Code Ann. § 4-99-101 et seq.; 47 U.S.C. § 227
Fax
Notes
Fax solicitation in Arkansas 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 Arkansas 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.
Stay Current
Weekly digest: what changed this week
New enforcement actions, statute updates, and rule changes in Arkansas — delivered once a week.
No spam. Unsubscribe anytime. Powered by Brevo.
Compliance Review
Not sure if you're compliant in Arkansas?
Get a 30-minute compliance review with Catalyst Partners — we'll map your outreach program against Arkansaslaw and tell you exactly where you're exposed. No generic advice. No billing by the hour after. Just the facts and a clear action list.
Book Free Consultation →Catalyst Partners · Palm Harbor, FL · +1 (727) 777-3204
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 →