What consent is required for Prerecorded Messages in Massachusetts?

Massachusetts follows federal TCPA consent rules. ATDS or prerecorded calls to cell phones require prior express written consent.

What are the calling hour restrictions in Massachusetts?

Massachusetts restricts telemarketing calls to 08:00:00–21:00:00 local time.

What is the penalty per violation in Massachusetts?

Up to $5,000 per violation (or $25,000 for willful violations). Private right of action available.

Is registration required to telemarket in Massachusetts?

Yes — Massachusetts requires telemarketer registration before placing calls.

Home / States / Massachusetts

Massachusetts Telecom Compliance Guide

Telecom Compliance Reference — Updated January 2020

Private Right of Action

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$5,000

Registration

Required

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

Massachusetts Prerecorded Messages Compliance

Robocall and prerecorded message compliance rules in Massachusetts

Consent Requirements

Consent LevelPrior Express

One-to-One Consent Required

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

Checkbox ConsentNot sufficient

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

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.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationRequired

Penalty / Violation$5,000

Willful Violation$25,000

Private Right of ActionYES

Prerecorded Messages Compliance Checklist

01Prior express written consent required for most prerecorded calls

02Disclose name and phone number of calling company at start

03Provide automated opt-out mechanism during call

04Do not abandon calls — hang-up rate limits apply

05Cannot use prerecorded messages on cell phones without consent

06Apply same calling-hours restrictions as live calls

07Scrub DNC lists before every campaign

08Register as telemarketer if state requires

09Do not transmit inaccurate caller ID

10Document consent for every number you call

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 →