Notes

Manual cold calling to non-DNC numbers is permitted with standard caller identification requirements. Must scrub against Massachusetts DNC and federal NDNC. Caller must identify name, company, and purpose immediately. Violation of DNC rules could trigger c. 93A liability with treble damages. Massachusetts DNC list must be checked quarterly at minimum.

ATDS Definition

Massachusetts follows the federal ATDS definition post-Facebook v. Duguid. No state-specific broader definition exists.

Exemptions

EBR exemption, nonprofit, and political exemptions exist. B2B calls also exempted.

Statute

M.G.L. c. 159C; 201 CMR 14.00

Notes

SMS marketing to Massachusetts consumers follows federal TCPA requirements. Prior express written consent needed for marketing texts via ATDS. Deceptive SMS marketing could also trigger c. 93A claims with treble damages. FCC one-to-one consent rule (Jan 2025) applies. The c. 93A overlay makes Massachusetts higher risk than states with no private action — even though the state telemarketing statute itself does not address SMS specifically.

ATDS Definition

No Massachusetts-specific ATDS definition for text messages. Federal TCPA and FCC rules govern.

Exemptions

EBR exemption may apply for transactional texts. Marketing SMS requires prior express written consent under federal TCPA.

Statute

M.G.L. c. 159C; 47 U.S.C. § 227

Notes

AI voice agents calling Massachusetts consumers are governed by federal TCPA for automated calls to cell phones. AI must identify as AI at call start per FTC requirements. Deceptive AI voice practices (impersonation, failure to identify as AI) could constitute unfair or deceptive acts under c. 93A, opening the door to treble damages and private suits.

ATDS Definition

No Massachusetts-specific AI voice statute. AI voice calls using automated dialing fall under federal TCPA. Deceptive AI voice practices could trigger c. 93A claims.

Statute

M.G.L. c. 93A; 47 U.S.C. § 227

Notes

Prerecorded telemarketing calls require prior express consent under Massachusetts law and prior express written consent under federal TCPA for calls to cell phones. Prerecorded calls without consent could trigger both M.G.L. c. 159C penalties and c. 93A treble damages. Businesses must register before using prerecorded messages for solicitation.

ATDS Definition

Prerecorded voice solicitations governed by M.G.L. c. 159C registration requirements and federal TCPA. Massachusetts follows the federal ATDS definition.

Exemptions

EBR provides limited exemption. Informational (non-marketing) prerecorded calls have reduced requirements.

Statute

M.G.L. c. 159C; 47 U.S.C. § 227(b)(1)(B)

Notes

RVM not specifically addressed by Massachusetts statute. Federal TCPA treatment applies — courts increasingly treat RVM as requiring prior express consent. Marketing RVM should be treated as requiring prior express written consent. Deceptive RVM content could trigger c. 93A liability.

ATDS Definition

No Massachusetts-specific RVM statute. Federal TCPA treatment applies. FCC has signaled RVM is a "call" under federal law.

Statute

47 U.S.C. § 227

Notes

MMS marketing follows the same requirements as SMS. Prior express written consent required for automated marketing MMS under federal TCPA. Massachusetts c. 93A overlay applies to deceptive MMS marketing.

ATDS Definition

MMS treated identically to SMS. No separate Massachusetts standard.

Exemptions

Same exemptions as SMS apply.

Statute

M.G.L. c. 159C; 47 U.S.C. § 227

Notes

Unsolicited fax advertising prohibited under federal TCPA/JFPA and actionable under Massachusetts c. 93A as an unfair or deceptive practice. EBR exemption available under JFPA with proper opt-out notice.

ATDS Definition

Fax solicitations governed by federal TCPA/JFPA. Massachusetts consumer protection statutes also apply.

Exemptions

EBR exemption under JFPA with opt-out notice on each fax.

Statute

M.G.L. c. 159C; 47 U.S.C. § 227(b)(1)(C)