Texting & Voicemail Rules for Sales Reps in California
To text or send ringless voicemail to sales leads in California, you need prior express written consent (PEWC) under the federal TCPA (47 CFR 64.1200(f)(9)) — a purchased list is not consent. Send only during 8:00 AM – 9:00 PM at the recipient's local time, honor STOP opt-outs immediately, and include your business name. California's key statute is Cal. Bus. & Prof. Code 17511; Cal. Pub. Util. Code 2874, and it carries a private right of action (recipients can sue directly).
By Ryan Madden, Founder, FollowUp AI · Updated June 16, 2026 · This is a general summary of common rules, not legal advice. Confirm specifics with counsel.
California SMS & voicemail compliance at a glance
| Consent for automated marketing | Prior express written consent (PEWC) — 47 CFR 64.1200(f)(9) |
|---|---|
| Quiet hours | 8:00 AM – 9:00 PM — Matches federal default |
| State EBR exemption | Yes — but EBR only clears the Do-Not-Call registry, not PEWC |
| State DNC registry | No separate state registry (federal DNC applies) |
| Private right of action | Yes — recipients can sue directly |
| Penalties | Treble damages under UDAP |
| Call-recording consent | Two-party (all-party) consent |
| Risk tier | Moderate |
| Key statute | Cal. Bus. & Prof. Code 17511; Cal. Pub. Util. Code 2874 |
Notable California rules
- Shortened inquiry EBR: 1 month (vs. federal 3 months)
- Caller ID spoofing prohibited (Cal. Bus. & Prof. Code 17511.9)
- CCPA privacy protections apply to lead data
Per-recipient timezone quiet hours, opt-out handling, and consent tracking — built in. Start free →
Frequently asked questions
Do I need consent to text sales leads in California?
Yes. Automated marketing texts (and ringless voicemail) require prior express written consent (PEWC) under the federal TCPA, 47 CFR 64.1200(f)(9), in every state including California. A purchased lead list is not consent. Shortened inquiry EBR: 1 month (vs. federal 3 months). Cal. Pub. Util. Code 2874.
What are the texting quiet hours in California?
In California, send marketing messages only 8:00 AM – 9:00 PM at the recipient's local time. Matches federal default
Is there a storm or insurance-claim solicitation ban in California?
California has no special storm-solicitation ban beyond the standard federal rules. Roofing/restoration insurance-claim restrictions exist only in FL, TX, and LA.
Can I be sued for texting violations in California?
Yes — California provides a private right of action, so recipients can sue you directly in addition to the federal TCPA ($500–$1,500 per violation).
Does an existing customer relationship (EBR) let me skip consent in California?
An EBR (18 months from a purchase, 3 months from an inquiry) only exempts you from the Do-Not-Call registry — it does not replace PEWC for automated marketing. California recognizes a state EBR exemption. You still need written consent to send automated texts or voicemail.
About the author. Ryan Madden is the founder of FollowUp AI, an SMS and ringless-voicemail follow-up platform for field sales teams, where he works on TCPA-aware outreach compliance. This is general information, not legal advice.