Notes

Cold calling in Minnesota requires compliance with stricter state rules: 9 AM start (not 8 AM), no Sunday calls, no holiday calls. Must identify caller and company immediately, disclose purpose within 30 seconds. Scrub against both Minnesota DNC and federal NDNC. Manual dialing to non-DNC numbers is permitted. Private right of action available under Consumer Fraud Act / private attorney general statute for deceptive practices.

ATDS Definition

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

Exemptions

EBR exemption, nonprofit, political, and B2B exemptions exist.

Statute

Minn. Stat. § 325G.30 et seq.

Notes

SMS marketing to Minnesota consumers follows federal TCPA requirements. Prior express written consent for marketing texts via ATDS. Minnesota calling hour restrictions (9 AM–9 PM, no Sundays, no holidays) may apply to text message timing. FCC one-to-one consent rule (Jan 2025) applies. Deceptive SMS marketing could trigger Consumer Fraud Act liability.

ATDS Definition

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

Exemptions

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

Statute

Minn. Stat. § 325G.30; 47 U.S.C. § 227

Notes

AI voice agents calling Minnesota consumers governed by federal TCPA and Minnesota telemarketing rules. Minnesota calling hours (9 AM–9 PM), Sunday prohibition, and holiday ban apply. AI must identify as AI at call start per FTC rules. Deceptive AI practices could trigger Consumer Fraud Act liability with treble damages.

ATDS Definition

No Minnesota-specific AI voice statute. AI voice calls fall under federal TCPA and Minnesota automated calling provisions.

Statute

Minn. Stat. § 325G.30; 47 U.S.C. § 227

Notes

Prerecorded telemarketing calls require prior express consent under Minnesota law and prior express written consent under federal TCPA for calls to cell phones. Minnesota timing restrictions apply: 9 AM–9 PM, no Sundays, no holidays.

ATDS Definition

Minnesota Telemarketing Act requires prior consent for prerecorded solicitation calls. Follows federal ATDS definition.

Exemptions

EBR provides limited exemption for existing customer communications.

Statute

Minn. Stat. § 325G.30; 47 U.S.C. § 227(b)(1)(B)

Notes

RVM not specifically addressed by Minnesota statute. Federal TCPA treatment applies. Marketing RVM should require prior express written consent. Minnesota timing restrictions (including Sunday and holiday bans) likely apply if RVM is treated as a "call."

ATDS Definition

No Minnesota-specific RVM statute. Federal TCPA treatment applies.

Statute

47 U.S.C. § 227

Notes

MMS marketing follows same consent requirements as SMS. Prior express written consent for automated marketing MMS under federal TCPA. Minnesota timing restrictions apply.

ATDS Definition

MMS treated identically to SMS. No separate Minnesota standard.

Exemptions

Same exemptions as SMS.

Statute

Minn. Stat. § 325G.30; 47 U.S.C. § 227

Notes

Unsolicited fax advertising prohibited under federal TCPA/JFPA. Minnesota Consumer Fraud Act may apply to deceptive fax advertising. EBR exemption under JFPA with proper opt-out notice.

ATDS Definition

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

Exemptions

EBR exemption under JFPA with opt-out notice.

Statute

Minn. Stat. § 325G.30; 47 U.S.C. § 227(b)(1)(C)