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Telecom Compliance Reference — Updated January 2023

Mini-TCPA State — High Risk

Calling Hours

8:00 AM9:00 PM

Min Penalty

$40,000

Registration

Not Required

Iowa Consent Requirements

What consent you need before calling or texting consumers in Iowa

Mini-TCPA State — Stricter than Federal

Iowa has enacted Iowa Code § 476.103 which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.

One-to-One Consent Required for Some Channels

Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Iowa for affected channels. You must obtain consent specifically naming your company.

Consent Requirements by Channel

ChannelConsent LevelOne-to-OneATDS BroaderCheckbox Valid
Voice CallPrior ExpressNoNoNot Sufficient
SMSWritten Consent RequiredRequiredNoValid
AI VoiceWritten Consent RequiredRequiredNoNot Sufficient
PrerecordedWritten Consent RequiredRequiredNoValid
Ringless VoicemailWritten Consent RequiredRequiredNoValid
MMSWritten Consent RequiredRequiredNoValid
FaxWritten Consent RequiredNoNoNot Sufficient

Channel Details

Voice Call

Notes

Manual voice calls to non-DNC numbers require prior express consent. Must register with IA AG and post $50,000 bond. Calling hours 8 AM to 9 PM. Must identify yourself, company, and purpose at the start. 3-day cancellation right on all phone contracts. $40,000 per violation penalty makes Iowa one of the heavier penalty states.

ATDS Definition

Iowa defines automated telephone dialing systems as equipment capable of storing or producing telephone numbers and dialing them without human intervention. The definition is largely aligned with the federal standard.

Exemptions

EBR exemption available for manual calls. Registration with IA AG required ($50,000 bond).

Statute

Iowa Code § 714B

SMS

Notes

SMS marketing requires prior express written consent when using automated systems. FCC one-to-one consent rule applies. Iowa's $40,000 per violation penalty structure makes unauthorized texting expensive.

ATDS Definition

Automated texting platforms fall under Iowa's automated calling restrictions. Systems that store numbers and send messages without individual human initiation trigger consent requirements.

Exemptions

Transactional texts to existing customers may be exempt.

Statute

Iowa Code § 714B.7

AI Voice

Notes

AI voice calls require prior express written consent in Iowa. No BIPA-equivalent exists, but the Consumer Fraud Act could cover failure to disclose AI use as a deceptive practice. The $40,000 per violation penalty and criminal fraud provisions make non-compliance risky.

ATDS Definition

AI-generated voice calls fall under Iowa's automated calling and prerecorded message restrictions. No specific AI disclosure statute exists yet.

Statute

Iowa Code § 714B.7

Prerecorded

Notes

Prerecorded messages to Iowa consumers require prior express written consent. Must identify caller within 30 seconds and provide opt-out. Same $40,000 per violation penalty.

ATDS Definition

Prerecorded messages are explicitly covered by Iowa's ITSA automated calling provisions. Prior consent required for prerecorded commercial solicitation.

Exemptions

Emergency and government notifications may be exempt.

Statute

Iowa Code § 714B.7

Ringless Voicemail

Notes

RVM is not specifically addressed in Iowa statute but is likely covered by the automated calling provisions. The $40,000 per violation penalty warrants a conservative approach: treat RVM as requiring prior express written consent.

ATDS Definition

Ringless voicemail is not explicitly addressed but falls under the automated calling provisions as an automated message delivery to consumer phone systems.

Statute

Iowa Code § 714B.7

MMS

Notes

MMS marketing follows the same rules as SMS. Prior express written consent required for automated sending.

ATDS Definition

MMS messages are treated identically to SMS under Iowa's automated calling restrictions.

Exemptions

Same exemptions as SMS.

Statute

Iowa Code § 714B.7

Fax

Notes

Fax advertising follows federal TCPA rules. Prior express written consent required for unsolicited commercial faxes.

ATDS Definition

Fax communications are governed by federal TCPA. Iowa does not have a separate state fax statute.

Exemptions

EBR exemption under federal law with opt-out notice on each fax.

Statute

Iowa Code § 714B; 47 U.S.C. § 227

What Counts as Valid Consent

Prior Express

Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.

Written Consent Required

Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.

Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.

Calling without proper consent in Iowa: $40,000 per violation.

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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 →