Kansas Consent Requirements
What consent you need before calling or texting consumers in Kansas
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Kansas for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | 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. FCC one-to-one consent rule (Jan 2025) applies. 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
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
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.
Stay Current
Weekly digest: what changed this week
New enforcement actions, statute updates, and rule changes in Kansas — delivered once a week.
No spam. Unsubscribe anytime. Powered by Brevo.
Compliance Review
Not sure if you're compliant in Kansas?
Get a 30-minute compliance review with Catalyst Partners — we'll map your outreach program against Kansaslaw and tell you exactly where you're exposed. No generic advice. No billing by the hour after. Just the facts and a clear action list.
Book Free Consultation →Catalyst Partners · Palm Harbor, FL · +1 (727) 777-3204
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 →