What consent is required for Cold Calling in California?

California has a mini-TCPA (Cal. Pub. Util. Code §§ 2871-2876; Cal. Penal Code § 632) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in California?

California restricts telemarketing calls to 08:00:00–21:00:00 local time.

What is the penalty per violation in California?

Up to $5,000 per violation (or $10,000 for willful violations). Private right of action available.

Is registration required to telemarket in California?

Yes — California requires telemarketer registration before placing calls.

Home / States / California

California Telecom Compliance Guide

Telecom Compliance Reference — Updated January 2025

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$5,000

Registration

Required

Overview Calling Hours Consent Registration DNC Compliance DNC Registry Enforcement Case Law Legislation

California Cold Calling Compliance

Voice call compliance rules for outbound telemarketing in California

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Mini-TCPA State — Cal. Pub. Util. Code §§ 2871-2876; Cal. Penal Code § 632

California has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for Cold Calling operations here.

Consent Requirements

Consent LevelPrior Express

One-to-One Consent Required

Shared consent from lead generators is NOT valid. Consent must specifically name your company.

ATDS DefinitionBroader than federal

Checkbox ConsentValid

StatuteCal. Pub. Util. Code §§ 2871-2876; Cal. Penal Code § 632

Manual dialing to non-DNC numbers: prior express consent sufficient. ADAD/robocall to any number: live introduction required before prerecorded message, plus called party must consent to hear the message (§ 2874). Recording ANY call: all-party consent required under CIPA. The combination of ADAD + CIPA means California effectively requires dual consent: (1) consent to hear the prerecorded message AND (2) consent to record the call. Calling hours for ADAD: 9 AM - 9 PM CA time. Manual calls: 8 AM - 9 PM local time (federal standard).

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationRequired

Penalty / Violation$5,000

Willful Violation$10,000

Private Right of ActionYES

Cold Calling Compliance Checklist

01Verify calling hours in recipient's local timezone

02Scrub against National DNC Registry (every 31 days minimum)

03Scrub against state DNC list if applicable

04Maintain internal opt-out/DNC list

05Identify yourself and your company at start of call

06Provide contact information on request

07Honor opt-out requests immediately

08Ensure consent if using ATDS or prerecorded messages

09Register as telemarketer if state requires

10Document all consent and opt-out records

This checklist covers common requirements. State-specific rules may vary. Confirm with legal counsel for high-volume campaigns.

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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 →