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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

OverviewCalling HoursConsentRegistrationDNCEnforcementCase LawLegislation

Illinois SMS Compliance Compliance

Text message marketing compliance rules in Illinois

⚠

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 →