Kansas Consent Requirements
What consent you need before calling or texting consumers in Kansas
Mini-TCPA State — Stricter than Federal
Kansas has enacted K.S.A. 50-670; K.S.A. 50-670a which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
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. The FCC removed the rule text effective August 29, 2025. Kansas law is shown on this page as written. Source
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | None Required | No | No | Not Sufficient |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Written Consent Required | Required | No | Valid |
| Ringless Voicemail | Written Consent Required | Required | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Written Consent Required | No | No | Not Sufficient |
Channel Details
Voice Call
Notes
Manual voice calls to non-DNC numbers require prior express consent. Must register with KS AG. Calling hours 8 AM to 9 PM. Must identify yourself, company, and sales purpose. Phone sales over $25 need written contract. No bond requirement makes KS one of the easier states for registration compliance.
ATDS Definition
Kansas defines automated telephone dialing equipment as devices 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 for manual calls. Registration with KS AG required (no bond).
Statute
K.S.A. § 50-670; § 50-670a
SMS
Notes
SMS marketing requires prior express written consent when using automated systems. The FCC one-to-one consent rule was vacated in January 2025 and never took effect. Kansas penalties are moderate ($10,000 per violation).
ATDS Definition
Automated texting platforms fall under Kansas'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
K.S.A. § 50-670a
AI Voice
Notes
AI voice calls require prior express written consent in Kansas. No BIPA-equivalent exists. The KCPA could cover failure to disclose AI use as a deceptive practice.
ATDS Definition
AI-generated voice calls fall under Kansas's automated calling and prerecorded message restrictions. No specific AI disclosure statute.
Statute
K.S.A. § 50-670a
Prerecorded
Notes
Prerecorded messages to Kansas consumers require prior express written consent. Must identify caller and provide callback within 30 seconds. $10,000 per violation penalty.
ATDS Definition
Prerecorded messages are covered by Kansas's automated calling statute. Prior consent required for prerecorded commercial solicitation.
Exemptions
Emergency and government notifications may be exempt.
Statute
K.S.A. § 50-670a
Ringless Voicemail
Notes
RVM is not specifically addressed in Kansas statute. Conservative approach: treat as requiring prior express written consent.
ATDS Definition
Ringless voicemail is not explicitly addressed but falls under the automated calling provisions.
Statute
K.S.A. § 50-670a
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 Kansas automated calling restrictions.
Exemptions
Same exemptions as SMS.
Statute
K.S.A. § 50-670a
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. Kansas does not have a separate state fax statute.
Exemptions
EBR exemption under federal law with opt-out notice on each fax.
Statute
K.S.A. § 50-670; 47 U.S.C. § 227
What Counts as Valid Consent
No consent required before contacting this channel.
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.
Compare Consent Requirements across states
Federal TCPA is the floor. Each state can — and many do — go further.
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See Chief →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 →