Notes

Automated calls to residential lines require prior consent. Manual dialing is not restricted by this statute — standard federal TCPA rules apply. NH does not extend coverage to cell phones beyond federal TCPA. Cold calling via manual dial to non-DNC numbers is viable.

ATDS Definition

N.H. RSA 359-E does not define ATDS independently. The statute prohibits "automated telephone calls" — calls made using equipment that can deliver prerecorded or synthesized voice messages without a live operator. The state follows the federal TCPA/Duguid standard for ATDS classification.

Exemptions

EBR exemption, nonprofit exemption, emergency calls

Statute

N.H. Rev. Stat. Ann. § 359-E

Notes

SMS to NH consumers follows federal TCPA: prior express written consent for marketing texts via ATDS. NH state law does not layer additional requirements on top of federal TCPA for text messages. Follow FCC one-to-one consent rule (Jan 2025) for lead-generated contacts.

ATDS Definition

N.H. RSA 359-E was written primarily for voice calls. Text messages are regulated under federal TCPA. NH does not have a separate state-level SMS consent statute. The federal TCPA and FCC rules govern SMS marketing to NH consumers.

Exemptions

Federal TCPA governs; no additional state SMS restrictions

Statute

N.H. Rev. Stat. Ann. § 359-E; 47 U.S.C. § 227

Notes

AI voice agents placing automated calls to residential lines require prior consent under RSA 359-E. No NH-specific AI voice disclosure requirement exists, but FTC AI impersonation rules apply federally. Treat AI voice outreach as automated calling requiring consent.

ATDS Definition

AI voice calls delivering synthesized speech fall within the "automated telephone call" definition under RSA 359-E. No separate AI-specific statute exists in NH. The prerecorded/synthesized message prohibition covers AI-generated voice content.

Statute

N.H. Rev. Stat. Ann. § 359-E

Notes

Prerecorded messages to residential lines require prior consent. The statute is explicit on this point. Emergency calls and nonprofit solicitations are exempt. Must disconnect within 30 seconds of the called party hanging up.

ATDS Definition

Prerecorded voice messages to residential lines are explicitly prohibited without prior consent under RSA 359-E. The statute specifically targets prerecorded and synthesized voice messages.

Exemptions

EBR exemption, nonprofit exemption, emergency calls

Statute

N.H. Rev. Stat. Ann. § 359-E

Notes

NH has no specific RVM statute. Federal TCPA governs. Given FCC guidance that RVM constitutes a "call" and the general trend, treat RVM to NH consumers as requiring prior express consent. The safe play is to obtain consent before any RVM campaign.

ATDS Definition

RVM is not specifically addressed in NH statute. Federal TCPA treatment applies — FCC has signaled RVM constitutes a "call." Treat as requiring consent given the regulatory trend.

Statute

N.H. Rev. Stat. Ann. § 359-E; 47 U.S.C. § 227

Notes

Same as SMS — federal TCPA governs. Prior express written consent required for marketing MMS via ATDS. NH does not add state-level requirements on top of federal for multimedia messaging.

ATDS Definition

MMS is not separately addressed in NH statute. Federal TCPA governs multimedia messaging the same as SMS. No additional state-level MMS requirements exist.

Exemptions

Federal TCPA governs; same as SMS

Statute

N.H. Rev. Stat. Ann. § 359-E; 47 U.S.C. § 227

Notes

Unsolicited fax advertising prohibited under federal TCPA/JFPA. Prior express consent required. EBR exemption available under JFPA with opt-out notice on each fax. NH does not layer additional fax restrictions beyond federal.

ATDS Definition

Fax solicitations governed by federal TCPA and Junk Fax Prevention Act (JFPA). No NH-specific fax statute.

Exemptions

EBR exemption under federal JFPA

Statute

N.H. Rev. Stat. Ann. § 359-E; 47 U.S.C. § 227(b)(1)(C)