To text or send ringless voicemail to sales leads in Massachusetts, 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 – 8:00 PM at the recipient's local time, honor STOP opt-outs immediately, and include your business name. Massachusetts's key statute is Mass. Gen. Laws ch. 159C; 940 CMR 30.00, 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 – 8:00 PM — Stricter — 1 hour earlier cutoff than federal 9 PM |
| State EBR exemption | No state EBR exemption |
| State DNC registry | Yes — scrub against the state list |
| Private right of action | Yes — recipients can sue directly |
| Penalties | Treble damages (standard, not just willful) + attorney fees under ch. 93A |
| Call-recording consent | Two-party (all-party) consent |
| Risk tier | Highest Risk |
| Key statute | Mass. Gen. Laws ch. 159C; 940 CMR 30.00 |
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 Massachusetts. A purchased lead list is not consent.
In Massachusetts, send marketing messages only 8:00 AM – 8:00 PM at the recipient's local time. Stricter — 1 hour earlier cutoff than federal 9 PM
Massachusetts has no special storm-solicitation ban beyond the standard federal rules. Roofing/restoration insurance-claim restrictions exist only in FL, TX, and LA.
Yes — Massachusetts 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. You still need written consent to send automated texts or voicemail.