What consent is required for SMS Compliance in Kentucky?

Kentucky has a mini-TCPA (KRS § 367.46951 et seq.) 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?

Up to $500 per violation (or $10,000 for willful violations). Private right of action available.

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 — Updated January 2023

Mini-TCPA State — High Risk

Calling Hours

10:00 AM–9:00 PM

Min Penalty

$500

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 et seq.

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

One-to-One Consent Required

Shared consent from lead generators is NOT valid. Consent must specifically name your company.

Checkbox ConsentValid

StatuteKRS § 367.46963

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.

Full consent requirements for all channels →

Calling Rules

Calling Hours10:00 AM – 9:00 PM

Stricter than federal 8AM–9PM

RegistrationNot Required

Penalty / Violation$500

Willful Violation$10,000

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 →