What consent is required for SMS Compliance 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 SMS Compliance Compliance

Text message marketing 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 SMS Compliance 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. § 938

SMS marketing requires prior express written consent under Delaware law. Must honor opt-out within 10 business days. The FCC one-to-one consent rule was vacated in January 2025 and never took effect.

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

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 →