Notes

Manual dialing to non-DNC numbers requires only prior express consent. ATDS-assisted voice calls require prior express written consent. Scrub against both Colorado state DNC list and federal National DNC Registry before every campaign.

ATDS Definition

Colorado's ATDS definition under C.R.S. § 6-1-903 includes any equipment that can store or produce telephone numbers and dial them, including predictive dialers and stored-list systems. Broader than the federal post-Duguid standard.

Exemptions

EBR exemption and licensed real estate exemptions may apply for manual dialing to non-DNC numbers.

Statute

C.R.S. § 6-1-903

Notes

Text messages sent using any automated system require prior express written consent. The FCC one-to-one consent rule (Jan 2025) applies on top of state requirements. Marketing texts to Colorado consumers without specific written consent create significant liability.

ATDS Definition

Same broad ATDS definition applies to text messages. Any automated texting platform that stores numbers and sends messages without individual human initiation qualifies as an ATDS under Colorado law.

Exemptions

Transactional/informational texts to existing customers may be exempt.

Statute

C.R.S. § 6-1-903

Notes

Colorado is one of the first states with a dedicated AI Act (effective 2026). AI voice calls require prior express written consent AND disclosure that the consumer is interacting with an AI system. The combination of the Telephone Consumer Protection Act and the AI Act makes Colorado one of the strictest states for AI voice outreach.

ATDS Definition

AI-generated voice calls fall under the same ATDS and prerecorded message provisions. Colorado's AI Act (SB 24-205) adds additional disclosure requirements for AI interactions starting 2026.

Statute

C.R.S. § 6-1-903; C.R.S. § 6-1-1401 (Colorado AI Act)

Notes

Sending prerecorded voice messages to Colorado consumers requires prior express written consent. This includes robocalls, voicemail drops, and any message delivered without a live human on the line at the start of the call.

ATDS Definition

Prerecorded messages are treated the same as ATDS calls under Colorado law. Any prerecorded or artificial voice message requires prior express written consent.

Exemptions

Emergency notifications and debt collection (with limitations) may be exempt.

Statute

C.R.S. § 6-1-903

Notes

Ringless voicemail is not explicitly addressed in the statute, but the broad ATDS definition and the inclusion of prerecorded messages strongly suggest RVM requires prior express written consent. Conservative compliance approach: treat RVM the same as a prerecorded robocall.

ATDS Definition

Ringless voicemail deposits access the consumer's phone system directly. Colorado treats these as automated contacts requiring the same consent as ATDS calls under the broad statutory definition.

Statute

C.R.S. § 6-1-903

Notes

MMS marketing messages follow the same rules as SMS. Prior express written consent required for any automated sending. One-to-one consent requirement applies.

ATDS Definition

MMS messages are treated identically to SMS under Colorado's ATDS definition. Any automated system sending multimedia messages triggers the same consent requirements.

Exemptions

Same exemptions as SMS apply.

Statute

C.R.S. § 6-1-903

Notes

Unsolicited fax advertising requires prior express written consent under federal law. Colorado defers to federal TCPA for fax regulation. An EBR exemption exists under federal law but requires an opt-out notice on every fax sent.

ATDS Definition

Fax communications are primarily governed by the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Junk Fax Prevention Act. Colorado does not have a separate state fax statute.

Exemptions

EBR exemption available for fax under federal TCPA with opt-out notice on each fax.

Statute

C.R.S. § 6-1-903; 47 U.S.C. § 227