Ohio Consent Requirements
What consent you need before calling or texting consumers in Ohio
Mini-TCPA State — Stricter than Federal
Ohio has enacted ORC § 4719 (Telephone Solicitors) 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 Ohio 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
Ohio requires registration ($200/year + $25,000 bond), prior express consent for telemarketing calls. Hours: 9 AM–9 PM Mon-Sat, noon–9 PM Sunday. Must scrub Ohio No-Call list and federal DNC. Agent must be available within 2 seconds of answer (no call abandonment). Manual dialing to non-DNC numbers is the standard cold calling path. $25,000 civil forfeiture per DNC violation.
ATDS Definition
ORC § 4719.07 prohibits automatic dialing equipment for prerecorded commercial messages without consent but does not define ATDS more broadly than federal. Federal post-Duguid definition applies for autodialer analysis.
Statute
ORC § 4719.01 et seq.
SMS
Notes
Ohio defers to federal TCPA for SMS consent. Prior express written consent required for autodialed/marketing texts. One-to-one consent under FCC January 2025 rule. Ohio calling hours (9 AM–9 PM, noon Sunday) may apply to text timing.
ATDS Definition
No state-specific ATDS definition for SMS. Federal TCPA/FCC definition applies.
Statute
ORC § 4719.01; 47 U.S.C. § 227
AI Voice
Notes
AI voice calls trigger Ohio's prerecorded message restrictions and FCC 24-17 classification. Prior express written consent required. Ohio calling hours, registration, and identification requirements all apply.
ATDS Definition
No state-specific AI voice definition. AI-generated voice calls treated as artificial/prerecorded under both ORC § 4719.07 and federal FCC 24-17.
Statute
ORC § 4719.07; 47 U.S.C. § 227; FCC 24-17
Prerecorded
Notes
Ohio prohibits prerecorded commercial messages via automatic dialing without consent under ORC § 4719.07. Federal TCPA written consent also applies. The 3-day rescission right applies to sales made via prerecorded solicitation.
ATDS Definition
ORC § 4719.07 specifically addresses automatic dialing equipment delivering prerecorded commercial messages. Prior consent required.
Statute
ORC § 4719.07; 47 U.S.C. § 227(b)(1)(B)
Ringless Voicemail
Notes
Ringless voicemail drops are treated as calls under federal TCPA. Prior express written consent required. Ohio calling hours (including Sunday noon start) likely apply to RVM timing.
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 federal TCPA consent framework. Prior express written consent required. One-to-one consent under FCC 2025 rule.
ATDS Definition
No state-specific definition. Federal TCPA applies to MMS.
Statute
47 U.S.C. § 227
Fax
Notes
Unsolicited fax advertising follows federal TCPA rules. EBR exemption available. Must include opt-out. Ohio 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 →