What consent is required for Prerecorded Messages 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 Prerecorded Messages Compliance

Robocall and prerecorded message compliance rules 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 Prerecorded Messages 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 ConsentNot sufficient

StatuteCal. Pub. Util. Code §§ 2871-2876; 47 U.S.C. § 227

California's ADAD statute requires a live person to introduce the call, state the business name/address/phone, and ask if the person consents to hear the prerecorded message — BEFORE the prerecorded content plays. This is stricter than federal TCPA which allows prerecorded messages to play immediately with an opt-out mechanism. In California, you need affirmative consent to even begin the prerecorded portion. EBR exemption exists for calls to established customers using devices that are NOT random/sequential dialers and are used solely to transmit messages to established associates or customers.

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

Prerecorded Messages Compliance Checklist

01Prior express written consent required for most prerecorded calls

02Disclose name and phone number of calling company at start

03Provide automated opt-out mechanism during call

04Do not abandon calls — hang-up rate limits apply

05Cannot use prerecorded messages on cell phones without consent

06Apply same calling-hours restrictions as live calls

07Scrub DNC lists before every campaign

08Register as telemarketer if state requires

09Do not transmit inaccurate caller ID

10Document consent for every number you call

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 →