Wisconsin Consent Requirements
What consent you need before calling or texting consumers in Wisconsin
Mini-TCPA State — Stricter than Federal
Wisconsin has enacted Wis. Stat. § 100.52 (Telephone Solicitation) 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 Wisconsin 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 WI with DATCP registration ($150/year), DNC scrubbing (state and federal), and calling hour compliance. DATCP enforcement with $100-$10,000 per violation civil forfeitures. Private right of action under Wis. Stat. § 100.18 for deceptive practices.
ATDS Definition
Wisconsin does not define ATDS independently. Defaults to federal post-Duguid standard.
Exemptions
EBR, prior consent, licensed professionals, and nonprofits have exemptions.
Statute
Wis. Stat. § 100.52; 47 U.S.C. § 227
SMS
Notes
Wisconsin has no state-specific SMS statute. Federal TCPA governs. Wisconsin's fraudulent representations statute (§ 100.18) could apply to deceptive text marketing with private right of action.
ATDS Definition
No WI-specific ATDS definition for SMS. Federal TCPA post-Duguid standard applies.
Exemptions
EBR exemption may apply to transactional messages.
Statute
Wis. Stat. § 100.52(3); 47 U.S.C. § 227
AI Voice
Notes
AI-generated voice calls treated as artificial/prerecorded under FCC February 2024 ruling. Prior express written consent required. Wisconsin has no specific AI voice law. Federal rules govern.
ATDS Definition
No WI-specific AI voice regulation. Federal TCPA and FCC February 2024 declaratory ruling apply.
Statute
Wis. Stat. § 100.52(3); 47 U.S.C. § 227; FCC Declaratory Ruling Feb 2024
Prerecorded
Notes
Wisconsin requires prior consent for prerecorded commercial solicitation. DATCP enforcement with civil forfeitures up to $10,000 per violation.
ATDS Definition
Prerecorded commercial solicitation calls require prior consent. Systems must disconnect within 5 seconds.
Exemptions
Prior consent and EBR provide exemptions.
Statute
Wis. Stat. § 100.52(3); 47 U.S.C. § 227
Ringless Voicemail
Notes
Ringless voicemail not specifically addressed by Wisconsin law. FCC treats RVM as calls requiring prior express written consent for marketing. Federal TCPA governs.
ATDS Definition
No WI-specific regulation. FCC treats RVM drops as calls under the TCPA.
Statute
47 U.S.C. § 227; FCC rulings on ringless voicemail
MMS
Notes
MMS treated identically to SMS under federal TCPA. No separate WI state-level MMS statute.
ATDS Definition
No WI-specific MMS regulation. Federal TCPA applies same as SMS.
Exemptions
Same exemptions as SMS.
Statute
47 U.S.C. § 227
Fax
Notes
Wisconsin has no state-level junk fax statute. Federal TCPA and Junk Fax Prevention Act govern.
ATDS Definition
Federal Junk Fax Prevention Act and TCPA apply. No WI-specific fax statute.
Exemptions
EBR provides exemption under federal law.
Statute
47 U.S.C. § 227(b)(1)(C); Junk Fax Prevention Act
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 →