What consent is required for SMS Compliance in Illinois?

Illinois has a mini-TCPA (815 ILCS 413/ (Restricted Call Registry Act)) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in Illinois?

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

What is the penalty per violation in Illinois?

Up to $50,000 per violation (or $50,000 for willful violations). Private right of action available.

Is registration required to telemarket in Illinois?

Yes — Illinois requires telemarketer registration before placing calls.

Home / States / Illinois

Illinois Telecom Compliance Guide

Telecom Compliance Reference — Updated January 2024

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$50,000

Registration

Required

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

Illinois SMS Compliance Compliance

Text message marketing compliance rules in Illinois

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Mini-TCPA State — 815 ILCS 413/ (Restricted Call Registry Act)

Illinois 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

One-to-One Consent Required

Shared consent from lead generators is NOT valid. Consent must specifically name your company.

ATDS DefinitionBroader than federal

Checkbox ConsentValid

Statute815 ILCS 305/; 815 ILCS 402/; 740 ILCS 14/

SMS marketing to Illinois consumers requires prior express written consent. The RCRA private right of action ($500/violation) and BIPA (if voice/biometric data is involved) create massive litigation exposure. FCC one-to-one consent rule (Jan 2025) compounds the risk. Illinois is one of the most litigated states for SMS marketing claims.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationRequired

Penalty / Violation$50,000

Willful Violation$50,000

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 →