Mini-TCPA in effectLast verified 2026-10-07

California TCPA and telemarketing law

California has its own telemarketing statute with a private right of action.

At a glance
StatuteCal. Pub. Util. Code §§ 2871-2876; Cal. Bus. & Prof. Code §§ 17590-17594↗
Consent standardPrior express consent↗
Stricter than federalNot yet verified
Private right of actionYes↗
Statutory damagesNot yet verified
Covers text messagesNot yet verified
Cure periodNot yet verified
The federal layerApplies in every state
Delayed
Revocation must apply across all unrelated matters
An opt-out on one subject applies to all unrelated marketing
2027-01-31↗
In effect
Revocation by any reasonable method; no exclusive means
Honor within 10 business days, by any reasonable method
2025-04-11↗
Vacated
One-to-one consent for lead generators
Struck down by the Eleventh Circuit
2025-01-24↗
What’s different here

California regulates robocalls through its automatic dialing-announcing device law in the Public Utilities Code. A prerecorded call may be placed only with the called person's prior agreement, or after a live, natural voice announces the caller, asks whether the person consents to hear the message, and, since 2025, says whether the message uses an artificial voice. These devices may not reach California phones between 9 p.m. and 9 a.m. Violations carry a Public Utilities Commission fine of up to $500 each.

The state also adopts the federal Do Not Call registry as its own list. Calling a listed number to sell goods, credit, insurance or investments is barred unless an exemption applies, such as a signed written agreement or an established business relationship. The Attorney General and local prosecutors enforce that article. A consumer can go to small claims court for an injunction and, if calls continue after it is served, seek up to $1,000.

Source: Cal. Pub. Util. Code §§ 2871-2876; Cal. Bus. & Prof. Code §§ 17590-17594 ↗

Compliance checklistFederal baseline
01Consent language names the calling party, not “our partners”
02Checkbox unchecked by default and unbundled from terms
03Opt-outs accepted by any reasonable method, not STOP only
04Suppression propagates across voice, SMS, and email
More on California8 sections
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