Kentucky Consent Requirements
What consent you need before calling or texting consumers in Kentucky
Mini-TCPA State — Stricter than Federal
Kentucky has enacted KRS § 367.46951 et seq. 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 Kentucky 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 KY AG and post $25,000 bond. Calling hours 8 AM to 9 PM. Must identify yourself, company, and sales purpose. 3-business-day cancellation right on contracts. Real estate specifically covered.
ATDS Definition
Kentucky defines automated telephone equipment as devices that store or produce telephone numbers and dial them, or deliver prerecorded messages. The definition is aligned with the standard federal interpretation.
Exemptions
EBR exemption for manual calls. Registration with KY AG required ($25,000 bond).
Statute
KRS § 367.46951; § 367.46963
SMS
Notes
SMS marketing requires prior express written consent when using automated systems. FCC one-to-one consent rule applies. Kentucky's $10,000 per violation and felony fraud penalties apply.
ATDS Definition
Automated texting platforms fall under Kentucky's automated calling restrictions. Systems that store numbers and send messages automatically trigger the consent requirement.
Exemptions
Transactional texts to existing customers may be exempt.
Statute
KRS § 367.46963
AI Voice
Notes
AI voice calls require prior express written consent in Kentucky. No BIPA-equivalent exists. The Consumer Protection Act could cover failure to disclose AI use as a deceptive practice. The felony provision for fraudulent solicitation adds criminal risk.
ATDS Definition
AI-generated voice calls fall under Kentucky's automated calling and prerecorded message restrictions. No specific AI disclosure statute.
Statute
KRS § 367.46963
Prerecorded
Notes
Prerecorded messages to Kentucky consumers require prior express written consent. Must identify caller and provide opt-out within 30 seconds. $10,000 per violation. Prohibited to emergency lines.
ATDS Definition
Prerecorded messages are explicitly covered by Kentucky's automated calling statute. Prior consent required for prerecorded commercial solicitation.
Exemptions
Emergency and government notifications may be exempt.
Statute
KRS § 367.46963
Ringless Voicemail
Notes
RVM is not specifically mentioned in Kentucky 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 as an automated message delivery.
Statute
KRS § 367.46963
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 Kentucky law.
Exemptions
Same exemptions as SMS.
Statute
KRS § 367.46963
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. Kentucky does not have a separate state fax statute.
Exemptions
EBR exemption under federal law with opt-out notice on each fax.
Statute
KRS § 367.46951; 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.
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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 →