What consent is required for Prerecorded Messages 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 Prerecorded Messages Compliance

Robocall and prerecorded message 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 Prerecorded Messages 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 ConsentValid

Statute11 Del. C. § 937

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.

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

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 →