Utah Consent Requirements
What consent you need before calling or texting consumers in Utah
Mini-TCPA State — Stricter than Federal
Utah has enacted UCA § 13-25a (Telephone and Facsimile Solicitation Act) 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 Utah 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 | Prior Express | No | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Prior Express | No | No | Valid |
| Ringless Voicemail | Written Consent Required | Required | No | Not Sufficient |
| MMS | Prior Express | No | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Manual cold calling is permitted in Utah with telemarketer registration, DNC scrubbing (both state and federal lists), and calling hour compliance. Utah's DNC law includes a private right of action with $1,000 minimum statutory damages per violation — this makes DNC scrubbing critical. Federal TCPA applies for automated systems.
ATDS Definition
Utah does not define ATDS independently. Defaults to federal post-Duguid standard.
Exemptions
Existing business relationship and prior consent provide exemptions from DNC and automated calling restrictions.
Statute
Utah Code § 13-25a-103; Utah Code § 13-26-1 et seq.; 47 U.S.C. § 227
SMS
Notes
Utah has no state-specific SMS telemarketing statute. Federal TCPA governs text messages. The state DNC private right of action ($1,000 per violation) could apply to unsolicited text messages to DNC-listed numbers.
ATDS Definition
No UT-specific ATDS definition for SMS. Federal TCPA post-Duguid standard applies.
Exemptions
EBR exemption may apply to transactional messages.
Statute
Utah Code § 13-25a-103; 47 U.S.C. § 227
AI Voice
Notes
AI-generated voice calls are treated as artificial/prerecorded voice under the FCC's February 2024 ruling. Prior express written consent required. Utah has no specific AI voice law. The state's private right of action for DNC violations could compound liability.
ATDS Definition
No UT-specific AI voice regulation. Federal TCPA and FCC February 2024 declaratory ruling on AI-generated voice apply.
Statute
Utah Code § 13-25a-103; 47 U.S.C. § 227; FCC Declaratory Ruling Feb 2024
Prerecorded
Notes
Utah requires prior consent for prerecorded solicitation messages. Equipment must disconnect within 5 seconds. Civil penalties up to $2,500 per violation and private right of action with $1,000 minimum damages.
ATDS Definition
Prerecorded solicitation calls require prior consent. System must disconnect within 5 seconds after called party hangs up.
Exemptions
Prior consent and EBR provide exemptions.
Statute
Utah Code § 13-25a-103; 47 U.S.C. § 227
Ringless Voicemail
Notes
Ringless voicemail is not addressed by Utah state law. FCC treats RVM drops as calls under the TCPA, requiring prior express written consent for marketing. Federal TCPA is the governing authority.
ATDS Definition
No UT-specific regulation. FCC treats ringless voicemail drops as calls under the TCPA.
Statute
47 U.S.C. § 227; FCC rulings on ringless voicemail
MMS
Notes
MMS messages treated identically to SMS under federal TCPA. Utah has no separate state-level MMS statute.
ATDS Definition
No UT-specific MMS regulation. Federal TCPA applies same as SMS.
Exemptions
Same exemptions as SMS.
Statute
47 U.S.C. § 227
Fax
Notes
Utah's Telephone and Facsimile Solicitation Act explicitly covers fax solicitations in addition to telephone calls. Same DNC and consent requirements apply. Private right of action with $1,000 minimum damages per violation.
ATDS Definition
Federal Junk Fax Prevention Act and TCPA fax provisions apply. Utah Telephone and Facsimile Solicitation Act also covers fax.
Exemptions
EBR provides exemption under both state and federal law.
Statute
Utah Code § 13-25a-101 et seq.; 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 →