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Massachusetts

MA

Telecom Compliance Reference — Updated January 2020

Private Right of Action

Calling Hours

8:00 AM9:00 PM

Min Penalty

$5,000

Registration

Required

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.

Calling Rules

Calling Hours8:00 AM9:00 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 →