Notes

Automated calls require prior consent. Manual dialing to non-DNC numbers with proper disclosure is the cleanest cold outreach path. NJ registration is mandatory before any telemarketing calls. Live calls with proper identification and disclosure are permitted to non-DNC numbers.

ATDS Definition

NJ does not define ATDS independently of federal law. The state telemarketing statutes regulate automated calling equipment and prerecorded messages. NJ follows the federal TCPA/Duguid standard for ATDS classification. The focus is on registration, DNC compliance, and calling conduct requirements.

Exemptions

EBR exemption, nonprofit exemption, B2B calls

Statute

N.J. Stat. Ann. § 56:8-126 et seq.

Notes

SMS marketing to NJ consumers requires prior express written consent under federal TCPA. NJ CFA can layer additional penalties for deceptive text campaigns. FCC one-to-one consent rule (Jan 2025) applies. Purchased lead lists with bundled consent are not viable for automated text outreach.

ATDS Definition

NJ does not have a state-specific SMS statute. Federal TCPA governs text message marketing — prior express written consent required for marketing texts sent via ATDS. NJ Consumer Fraud Act provides additional enforcement avenue for deceptive or unauthorized text campaigns.

Exemptions

Federal TCPA governs; NJ CFA provides additional enforcement

Statute

N.J. Stat. Ann. § 56:8-1 et seq.; 47 U.S.C. § 227

Notes

AI voice agents require prior consent and telemarketer registration. No NJ-specific AI disclosure law exists, but FTC AI impersonation rules apply federally. AI voice calls to NJ consumers should be treated as automated calls requiring the same consent and registration as any other automated outreach.

ATDS Definition

AI voice calls are treated as automated calls under NJ telemarketing regulations. No separate AI-specific statute exists. Any automated calling system delivering synthesized speech triggers the consent and registration requirements.

Statute

N.J. Stat. Ann. § 56:8-126 et seq.

Notes

Prerecorded messages require prior consent. NJ regulations require connection to a live agent within 2 seconds of answer — pure robocalls with no live agent are problematic under NJ rules regardless of consent status. Registration required.

ATDS Definition

Prerecorded messages to NJ consumers are regulated under both state telemarketing laws and federal TCPA. NJ requires telemarketers to connect to a live agent within 2 seconds of answer — extended prerecorded messages without live operator connection violate NJ regulations.

Exemptions

EBR exemption; emergency and nonprofit exemptions

Statute

N.J. Stat. Ann. § 56:8-126 et seq.; N.J. Admin. Code § 13:45A-29.1

Notes

No NJ-specific RVM statute. Federal TCPA governs. Treat RVM to NJ consumers as requiring prior express consent given the FCC guidance and general regulatory trend. Register as a telemarketer before any RVM campaign targeting NJ consumers.

ATDS Definition

RVM is not specifically addressed in NJ statute. Federal TCPA treatment governs — FCC guidance treats RVM as a "call." No NJ-specific RVM ruling.

Statute

N.J. Stat. Ann. § 56:8-126 et seq.; 47 U.S.C. § 227

Notes

Same as SMS — prior express written consent required for marketing MMS via ATDS under federal TCPA. NJ CFA layers additional penalty exposure. No state-specific MMS regulation.

ATDS Definition

MMS is treated identically to SMS under federal TCPA. No NJ-specific MMS statute. NJ CFA provides additional enforcement for unauthorized multimedia message campaigns.

Exemptions

Same as SMS — federal TCPA governs

Statute

N.J. Stat. Ann. § 56:8-1 et seq.; 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. NJ CFA can provide additional enforcement for deceptive fax practices.

ATDS Definition

Fax solicitations governed by federal TCPA and Junk Fax Prevention Act. No NJ-specific fax statute beyond the CFA prohibition on deceptive practices.

Exemptions

EBR exemption under federal JFPA

Statute

N.J. Stat. Ann. § 56:8-1 et seq.; 47 U.S.C. § 227(b)(1)(C)