Missouri Consent Requirements
What consent you need before calling or texting consumers in Missouri
Mini-TCPA State — Stricter than Federal
Missouri has enacted Mo. Rev. Stat. § 407.1095 et seq. which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Missouri for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Written Consent Required | Required | No | Not Sufficient |
| Ringless Voicemail | Written Consent Required | Required | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Missouri requires prior express consent for telemarketing voice calls. Must register with the AG before making calls. Identify yourself within 30 seconds. Calling hours 8 AM–9 PM. Scrub against both Missouri No-Call list and federal DNC Registry. Manual dialing to non-DNC numbers is the standard cold calling approach.
ATDS Definition
Missouri does not define ATDS at the state level. Federal TCPA definition applies (post-Duguid): equipment with capacity to store or produce telephone numbers using a random or sequential number generator and dial such numbers.
Statute
Mo. Rev. Stat. § 407.1098
SMS
Notes
Missouri defers to federal TCPA for SMS consent. Prior express written consent required for autodialed or marketing texts. One-to-one consent required under FCC January 2025 rule. No state mini-TCPA adds additional SMS-specific restrictions.
ATDS Definition
No state-specific ATDS definition for SMS. Federal TCPA/FCC definition applies.
Statute
Mo. Rev. Stat. § 407.1098; 47 U.S.C. § 227
AI Voice
Notes
AI voice calls fall under the FCC February 2024 declaratory ruling classifying AI-generated voices as artificial/prerecorded under TCPA. Prior express written consent required. Missouri calling hours and identification requirements apply on top of federal rules.
ATDS Definition
No state-specific AI voice definition. AI-generated voice calls treated as artificial/prerecorded under federal TCPA per FCC 24-17.
Statute
47 U.S.C. § 227; FCC 24-17
Prerecorded
Notes
Prerecorded messages to residential lines require prior express written consent under federal TCPA. Missouri does not impose additional state-level prerecorded message restrictions but calling hours and identification requirements still apply.
ATDS Definition
No state-specific definition. Federal TCPA applies to prerecorded messages.
Statute
47 U.S.C. § 227(b)(1)(B)
Ringless Voicemail
Notes
Ringless voicemail drops are treated as calls to wireless numbers under federal TCPA. Prior express written consent required for marketing RVM. Missouri does not have separate state-level RVM legislation.
ATDS Definition
No state-specific definition. FCC treats ringless voicemail as a call under TCPA.
Statute
47 U.S.C. § 227
MMS
Notes
MMS follows the same federal TCPA consent framework as SMS. Prior express written consent required for marketing MMS. One-to-one consent required under FCC 2025 rule.
ATDS Definition
No state-specific definition. Federal TCPA applies to MMS as to SMS.
Statute
47 U.S.C. § 227
Fax
Notes
Unsolicited fax advertising follows federal TCPA rules. Prior express permission or EBR required. Must include opt-out on every fax. Missouri does not impose additional state-level fax restrictions.
ATDS Definition
Federal TCPA Junk Fax Prevention Act standards apply.
Exemptions
EBR exemption for faxes to existing business relationships with opt-out notice.
Statute
47 U.S.C. § 227(b)(1)(C)
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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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 →