Notes

Hawaii follows federal TCPA consent standards. Prior express consent (not written) is sufficient for non-marketing calls. Prior express written consent required for telemarketing calls to cell phones using ATDS or prerecorded voice under federal rules. Manual dialing to non-DNC numbers requires no prior consent under state law — just follow federal TCPA.

ATDS Definition

Hawaii does not define ATDS independently. Federal TCPA definition applies: equipment that uses a random or sequential number generator to store or produce telephone numbers AND dial such numbers (post-Facebook v. Duguid standard).

Exemptions

EBR and B2B exemptions follow federal TCPA standards

Statute

HRS § 481P; 47 U.S.C. § 227

Notes

No Hawaii-specific SMS telemarketing statute. Federal TCPA governs. Marketing texts via automated system require prior express written consent. The FCC one-to-one consent rule (Jan 2025) applies — purchased lead lists with shared consent are not valid for automated texting.

ATDS Definition

Federal ATDS definition applies. No state-level ATDS definition. SMS sent via automated platform to cell phones requires prior express written consent for marketing messages under federal TCPA.

Exemptions

Informational/transactional texts may require only prior express consent

Statute

47 U.S.C. § 227; HRS § 481P

Notes

AI voice calls to Hawaii consumers follow federal rules. Prior express written consent required for marketing AI voice calls to cell phones. FTC Telemarketing Sales Rule requires AI to identify as artificial at the start of the call. No state-specific AI voice regulation exists.

ATDS Definition

No Hawaii-specific AI voice definition. Federal TCPA and FTC rules govern. AI voice calls using automated dialing systems are treated as robocalls under federal law.

Statute

47 U.S.C. § 227; 16 CFR Part 310

Notes

Prerecorded calls follow federal TCPA requirements. Written consent required for marketing prerecorded calls to cell phones. Prerecorded calls to residential landlines require prior express consent. Emergency calls and certain healthcare-related messages have federal exemptions.

ATDS Definition

Federal TCPA definition applies. Prerecorded voice messages to cell phones require prior express written consent for telemarketing purposes.

Exemptions

Emergency, healthcare, and debt collection calls have federal exemptions

Statute

47 U.S.C. § 227(b)(1)(A)

Notes

RVM regulatory status follows federal guidance. The FCC has signaled that RVM constitutes a "call" under TCPA since it accesses the called party's voicemail server. Treat RVM to Hawaii consumers as requiring prior express written consent for marketing messages. Lower litigation risk than states with explicit mini-TCPA coverage, but federal exposure remains.

ATDS Definition

No Hawaii-specific RVM regulation. FCC has indicated RVM likely constitutes a "call" under TCPA. Treat as requiring same consent as prerecorded messages.

Statute

47 U.S.C. § 227

Notes

MMS follows the same federal TCPA framework as SMS in Hawaii. No state-specific distinction between SMS and MMS.

ATDS Definition

Same as SMS — federal ATDS definition applies. MMS marketing messages via automated systems require prior express written consent.

Exemptions

Same exemptions as SMS

Statute

47 U.S.C. § 227; HRS § 481P

Notes

Fax solicitations to Hawaii follow federal JFPA rules. Prior express consent required. EBR exemption available with opt-out notice on each fax. Hawaii consumer protection law can supplement federal enforcement for deceptive fax advertising.

ATDS Definition

Federal Junk Fax Prevention Act (JFPA) governs. Unsolicited commercial fax advertising prohibited.

Exemptions

EBR exemption under JFPA with opt-out notice on each fax

Statute

47 U.S.C. § 227(b)(1)(C)