What consent is required for SMS Compliance 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 SMS Compliance Compliance

Text message marketing compliance rules in Massachusetts

Consent Requirements

Consent LevelPrior Express

Checkbox ConsentValid

StatuteM.G.L. c. 159C; 47 U.S.C. § 227

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.

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

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 →