What consent is required for SMS Compliance in Kentucky?

Kentucky has a mini-TCPA (KRS §§ 367.46951 to 367.46999; KRS §§ 367.461 to 367.469) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in Kentucky?

Kentucky restricts telemarketing calls to 10:00:00–21:00:00 local time.

What is the penalty per violation in Kentucky?

Penalty data not yet available for Kentucky.

Is registration required to telemarket in Kentucky?

Kentucky does not require separate telemarketer registration; federal FTC rules still apply.

Home / States / Kentucky

Kentucky Telecom Compliance Guide

Telecom Compliance Reference · Statute last amended 2023

Mini-TCPA State — High Risk

Calling Hours

10:00 AM–9:00 PM

Min Penalty

Not yet verified

Registration

Not Required

Overview Calling Hours Consent Registration DNC Compliance DNC Registry Enforcement Case Law Legislation

Kentucky SMS Compliance Compliance

Text message marketing compliance rules in Kentucky

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Mini-TCPA State — KRS §§ 367.46951 to 367.46999; KRS §§ 367.461 to 367.469

Kentucky 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

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. Source

Checkbox ConsentValid

StatuteKRS § 367.46963

SMS marketing requires prior express written consent when using automated systems. The FCC's one-to-one consent rule was vacated in January 2025 and never took effect. Kentucky's $10,000 per violation and felony fraud penalties apply.

Full consent requirements for all channels →

Calling Rules

Calling Hours10:00 AM – 9:00 PM

Stricter than federal 8AM–9PM

RegistrationNot Required

Penalty / ViolationNot yet verified

Willful ViolationNot yet verified

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 →