What consent is required for SMS Compliance 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 SMS Compliance Compliance

Text message marketing 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 SMS Compliance operations here.

Consent Requirements

Consent LevelWritten Consent Required

One-to-One Consent Required

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

Checkbox ConsentValid

Statute47 U.S.C. § 227; Cal. Civ. Code § 1798.100 et seq.

Automated SMS marketing to CA consumers requires prior express written consent under federal TCPA. The FCC one-to-one consent rule eliminates the lead generator loophole — consent must name YOUR company specifically. CCPA gives CA consumers the right to opt out of personal information sharing, which includes phone numbers on lead lists. The combination means: (1) you need specific written consent for your company before texting, (2) CA consumers can demand their data be deleted from your systems, and (3) buying lead lists without one-to-one consent is legally unusable for automated SMS.

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

SMS Compliance Compliance Checklist

01Obtain express written consent before sending marketing texts

02Use compliant opt-in language identifying your company

03Honor STOP/OPT-OUT/UNSUBSCRIBE replies immediately

04Send opt-out confirmation within one text

05Disclose message frequency at opt-in

06Include "Msg & Data rates may apply" disclosure

07Do not send texts during prohibited hours

08Scrub against DNC lists before campaigns

09Check if state requires one-to-one consent

10Register 10DLC campaigns before sending

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 →