What consent is required for AI Voice in Delaware?

Delaware has a mini-TCPA (6 Del. C. § 2501A et seq.) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in Delaware?

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

What is the penalty per violation in Delaware?

Penalty data not yet available for Delaware.

Is registration required to telemarket in Delaware?

Delaware does not require separate telemarketer registration; federal FTC rules still apply.

Home / States / Delaware

Delaware Telecom Compliance Guide

Telecom Compliance Reference

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

Not yet verified

Registration

Not Required

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

Delaware AI Voice Compliance

AI-generated voice agent compliance rules in Delaware

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Mini-TCPA State — 6 Del. C. § 2501A et seq.

Delaware has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for AI Voice operations here.

Consent Requirements

Consent LevelWritten Consent Required

Federal one-to-one consent rule: vacated

The FCC rule requiring consent to name each seller was vacated by the Eleventh Circuit on January 24, 2025 and never took effect. Source

Checkbox ConsentNot sufficient

Statute11 Del. C. § 937

AI voice calls require prior express written consent in Delaware. The criminal penalties for unauthorized ADAD use (Class B misdemeanor, escalating to Class A) make AI voice outreach particularly risky without documented consent.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationNot Required

Penalty / ViolationNot yet verified

Willful ViolationNot yet verified

Private Right of ActionYES

AI Voice Compliance Checklist

01Disclose AI nature at start of call — many states require this

02Obtain prior express consent before using AI voice

03Honor opt-out during the call immediately

04Check if state's ATDS definition covers AI voice dialers

05Apply same calling-hours rules as live agents

06Scrub DNC lists before each campaign

07Maintain call records and consent documentation

08Register as telemarketer if state requires

09Ensure AI cannot misrepresent itself as human

10Check for state-specific AI disclosure mandates

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 →