Delaware Consent Requirements
What consent you need before calling or texting consumers in Delaware
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Delaware for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Not Sufficient |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Written Consent Required | Required | No | Valid |
| Ringless Voicemail | Written Consent Required | Required | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Written Consent Required | No | No | Not Sufficient |
Channel Details
Voice Call
Notes
Manual voice calls to non-DNC numbers require prior express consent. Automated calls using ADADs require prior consent per state statute. Delaware follows federal DNC requirements. Criminal penalties for ADAD violations make Delaware unique in enforcement approach.
ATDS Definition
Delaware defines automated telephone equipment to include automatic dialing-announcing devices (ADADs) that can store or produce numbers and deliver prerecorded messages. The definition is roughly aligned with the federal standard.
Exemptions
EBR exemption available. Calls with prior consent exempt.
Statute
11 Del. C. § 937
SMS
Notes
SMS marketing requires prior express written consent under Delaware law. Must honor opt-out within 10 business days. FCC one-to-one consent rule (Jan 2025) applies on top of state requirements.
ATDS Definition
Text messages sent via automated platforms are covered under Delaware's restrictions on commercial electronic messages. Any automated texting system triggers consent requirements.
Exemptions
Transactional messages to existing customers may be exempt.
Statute
11 Del. C. § 938
AI Voice
Notes
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.
ATDS Definition
AI-generated voice calls fall under Delaware's automated telephone equipment statute. Any non-human voice delivery system triggers the ADAD provisions.
Statute
11 Del. C. § 937
Prerecorded
Notes
Prerecorded messages to Delaware consumers require prior express written consent. The criminal penalty structure makes prerecorded messaging higher risk than in states with only civil penalties.
ATDS Definition
Prerecorded messages are explicitly covered by the ADAD statute. Any prerecorded voice message delivered via automated equipment requires prior consent.
Exemptions
Emergency and government notifications may be exempt.
Statute
11 Del. C. § 937
Ringless Voicemail
Notes
RVM is not specifically mentioned in Delaware statute, but the ADAD definition covers automated message delivery to phone systems. Conservative approach: treat RVM as requiring prior express written consent.
ATDS Definition
Ringless voicemail is not explicitly addressed but likely falls under the ADAD provisions as an automated message delivered to the consumer's phone system.
Statute
11 Del. C. § 937
MMS
Notes
MMS marketing follows the same rules as SMS. Prior express written consent required for automated sending.
ATDS Definition
MMS messages are treated identically to SMS under Delaware's commercial electronic messages statute.
Exemptions
Same exemptions as SMS.
Statute
11 Del. C. § 938
Fax
Notes
Fax advertising follows federal TCPA rules. Prior express written consent required for unsolicited commercial faxes.
ATDS Definition
Fax communications are governed by federal TCPA and the Junk Fax Prevention Act. Delaware does not have separate state fax regulation.
Exemptions
EBR exemption under federal law with opt-out notice on each fax.
Statute
11 Del. C. § 937; 47 U.S.C. § 227
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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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 →