Wyoming Consent Requirements
What consent you need before calling or texting consumers in Wyoming
Mini-TCPA State — Stricter than Federal
Wyoming has enacted Wyo. Stat. § 40-12-301 et seq. which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
Federal one-to-one consent rule: vacated
The FCC rule requiring consent to name each seller was vacated by the Eleventh Circuit on January 24, 2025 and never took effect. The FCC removed the rule text effective August 29, 2025. Wyoming law is shown on this page as written. Source
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | None Required | 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 WY with telemarketer registration ($10,000 bond), federal DNC scrubbing, and calling hour compliance. No state DNC list — federal list only. No private right of action under WY consumer protection law — AG enforcement only. Federal TCPA remains the primary litigation risk.
ATDS Definition
Wyoming does not define ATDS independently. Defaults to federal post-Duguid standard.
Exemptions
EBR, prior consent, licensed professionals exempt from registration.
Statute
Wyo. Stat. § 40-12-301 et seq.; 47 U.S.C. § 227
SMS
Notes
Wyoming has no state-specific SMS statute. Federal TCPA governs. No private right of action at the state level — federal TCPA is the sole litigation mechanism for unwanted texts.
ATDS Definition
No WY-specific ATDS definition for SMS. Federal TCPA post-Duguid standard applies.
Exemptions
EBR exemption may apply to transactional messages.
Statute
Wyo. Stat. § 40-12-302; 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. Wyoming has no specific AI voice law. Federal rules govern.
ATDS Definition
No WY-specific AI voice regulation. Federal TCPA and FCC February 2024 declaratory ruling apply.
Statute
Wyo. Stat. § 40-12-302; 47 U.S.C. § 227; FCC Declaratory Ruling Feb 2024
Prerecorded
Notes
Wyoming requires prior consent for prerecorded solicitation. AG enforcement with up to $10,000 per violation. Telemarketing fraud involving prerecorded calls can be charged as a felony.
ATDS Definition
Prerecorded solicitation calls require prior consent. Must disconnect promptly when called party hangs up.
Exemptions
Prior consent and EBR provide exemptions.
Statute
Wyo. Stat. § 40-12-302; 47 U.S.C. § 227
Ringless Voicemail
Notes
Ringless voicemail not addressed by Wyoming law. FCC treats RVM as calls requiring prior express written consent for marketing. Federal TCPA governs.
ATDS Definition
No WY-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 WY state-level MMS statute.
ATDS Definition
No WY-specific MMS regulation. Federal TCPA applies same as SMS.
Exemptions
Same exemptions as SMS.
Statute
47 U.S.C. § 227
Fax
Notes
Wyoming 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 WY-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
No consent required before contacting this channel.
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.
Compare Consent Requirements across states
Federal TCPA is the floor. Each state can — and many do — go further.
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See Chief →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 →