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).
| 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 |
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.
In California, send marketing messages only 8:00 AM – 9:00 PM at the recipient's local time. Matches federal default
California has no special storm-solicitation ban beyond the standard federal rules. Roofing/restoration insurance-claim restrictions exist only in FL, TX, and LA.
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).
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.