StatesToolsCompareFederal

Home / States / Massachusetts

Massachusetts

MA

Telecom Compliance Reference — Updated January 2020

Private Right of Action

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$5,000

Registration

Required

OverviewCalling HoursConsentRegistrationDNCEnforcementCase LawLegislation

REI Wholesaling Telemarketing Compliance in Massachusetts

Real estate investor cold calling and SMS compliance in Massachusetts

Guide last reviewed: January 2024

Massachusetts REI Wholesaling Overview

Massachusetts is a high-risk state for REI wholesaling outreach — not because of a mini-TCPA, but because of c. 93A. The Consumer Protection Act gives every Massachusetts consumer the right to sue telemarketers directly, and a judge can triple the damages if the violation was intentional. The 30-day demand letter requirement provides a cure window — use it. Practical compliance: register with the Division of Telecommunications ($25K bond), scrub DNC lists quarterly, manual dial cold prospects, and save automated channels for contacts with explicit written consent. Treat every c. 93A demand letter as a fire drill.

Penalty/Violation

$5,000

Willful

$25,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Register with the Massachusetts Division of Telecommunications and Cable before making solicitation calls,Post $25,000 surety bond as condition of registration,Scrub against Massachusetts DNC Registry AND federal NDNC before every campaign — quarterly scrub minimum required by regulation,Identify caller name, company, and purpose at start of every call,Calling hours: 8:00 AM – 9:00 PM local time,Manual dialing to non-DNC numbers is the safest cold outreach method,Do not use auto-dialers or prerecorded messages without prior express consent,Federal TCPA requires prior express written consent for ATDS calls to cell phones,Honor opt-out requests immediately,EBR exemption applies for existing sellers/buyers — 18 months from last transaction,FCC one-to-one consent rule (Jan 2025) applies to purchased lead lists,CRITICAL: c. 93A gives consumers private right of action with treble damages — deceptive telemarketing practices carry massive liability,Send 30-day demand letter response if you receive a c. 93A notice — cure the issue immediately,Keep consent records and campaign logs for minimum 5 years

What Gets Companies Sued

✗Top Massachusetts violations for REI wholesalers: (1) Operating without registration and $25,000 bond; (2) Calling numbers on the Massachusetts DNC Registry; (3) Using auto-dialers to call Massachusetts property owners without written consent — triggering both federal TCPA and c. 93A liability; (4) Failing to identify caller, company, and purpose at call start; (5) Ignoring c. 93A demand letters and losing the cure opportunity.

Special Exemptions

Licensed Massachusetts real estate professionals have partial registration exemption for calls in their professional capacity. EBR exemption for existing seller/buyer relationships. B2B exemption for calls to commercial property owners/investors.

Key State Rules

Mini-TCPANo
RegistrationRequired
Class ActionsAllowed
Consent Requirements→Registration Details→DNC List→

Stay Current

Weekly digest: what changed this week

New enforcement actions, statute updates, and rule changes in Massachusetts — delivered once a week.

No spam. Unsubscribe anytime. Powered by Brevo.

Need help getting compliant?

Catalyst Partners specializes in telecom compliance for REI Wholesaling companies operating in Massachusetts and across the country. We build the systems, you make the calls.

Book a Compliance Call →

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 →