Massachusetts Telemarketing and Cold Calling Laws
In Massachusetts, sales calls are allowed 8 a.m.–8 p.m., the state enforces a do-not-call list, and recording a call needs every party’s consent.
Massachusetts rules next to federal law
| Rule | Massachusetts | Federal baseline |
|---|---|---|
| Calling hours | No unsolicited telephonic sales call to a Massachusetts consumer between 8 p.m. and 8 a.m., local time at the consumer's location. No separate Sunday or holiday restriction appears in the statute or regulation.Mass. Gen. Laws ch. 159C, § 3(ii); 201 CMR 12.02(2) | Telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time.47 C.F.R. § 64.1200(c)(1) |
| State do-not-call list | The Office of Consumer Affairs and Business Regulation keeps a state Do Not Call list, which by statute also includes the Massachusetts portion of the National Do Not Call Registry. Unsolicited sales calls to listed consumers are prohibited; calls to existing customers (account or relationship within 24 months), calls made at the consumer's express request, and calls about an existing debt or contract are not 'unsolicited'. A consumer who gets more than one violating call in 12 months from the same seller can sue for up to $5,000 per knowing violation.Mass. Gen. Laws ch. 159C, §§ 1, 2, 3(i), 7, 8; 201 CMR 12.02(1) | No telephone solicitations to residential or wireless numbers on the National Do Not Call Registry, subject to the rule’s exemptions such as an established business relationship.47 C.F.R. § 64.1200(c)(2) |
| Autodialer and consent | Unsolicited telephonic sales calls to consumers may not be made by use of a recorded message device. Calls the consumer expressly requested, or made to existing customers, fall outside the 'unsolicited' definition.Mass. Gen. Laws ch. 159C, §§ 1, 3(iv); 201 CMR 12.02(4) | Autodialed or prerecorded telemarketing calls to wireless numbers need the called person’s prior express written consent.47 C.F.R. § 64.1200(a)(2) |
| Caller ID | Telephone solicitors may not intentionally use or install a blocking device or service to circumvent a consumer's caller ID. Within the first minute of a sales call they must also disclose the sales purpose, the telemarketing company's name, the seller's name and a description of what is offered.Mass. Gen. Laws ch. 159C, §§ 4, 5A; 201 CMR 12.02(5), (7) | Telemarketers must transmit caller ID with a number that can be called back during business hours.47 C.F.R. § 64.1601(e) |
| Telemarketer registration | Telephone solicitors making unsolicited sales calls to Massachusetts consumers must register in writing with the Office of Consumer Affairs and Business Regulation and pay an annual registration fee on or before January 1 each year, and must have an approved registration and the current Do Not Call list before calling.201 CMR 12.04 | No general federal equivalent |
| Call recording consent | Secretly recording a phone call is an unlawful interception unless the person recording has prior authority from all parties to the call.Mass. Gen. Laws ch. 272, § 99(B)(4), (C) | Federal law allows recording when one party to the call consents.18 U.S.C. § 2511(2)(d) |
| Business-to-business calls | Chapter 159C protects only 'consumers': individual Massachusetts residents who are prospective recipients of goods or services bought primarily for personal, family or household purposes. Calls selling business products or services to businesses fall outside the state Do Not Call, hours and recorded-message rules.Mass. Gen. Laws ch. 159C, § 1 | No general federal equivalent |
Calling Massachusetts from a sales team
- Schedule call blocks in the prospect’s local time, not the rep’s.
- Check numbers against the National Do Not Call Registry and the Massachusetts list before each campaign, and honor opt-outs right away.
- Tell everyone on the call that it is recorded before recording starts.
Trellus dials from the CRM list your reps already work, with each call logged back to the record. See the power and parallel dialer.
Massachusetts calling questions
What are the legal calling hours in Massachusetts?
No unsolicited telephonic sales call to a Massachusetts consumer between 8 p.m. and 8 a.m., local time at the consumer's location. No separate Sunday or holiday restriction appears in the statute or regulation. (Mass. Gen. Laws ch. 159C, § 3(ii); 201 CMR 12.02(2)). Federal law also limits telephone solicitations to 8 a.m. to 9 p.m. local time.
Does Massachusetts have its own do-not-call list?
The Office of Consumer Affairs and Business Regulation keeps a state Do Not Call list, which by statute also includes the Massachusetts portion of the National Do Not Call Registry. Unsolicited sales calls to listed consumers are prohibited; calls to existing customers (account or relationship within 24 months), calls made at the consumer's express request, and calls about an existing debt or contract are not 'unsolicited'. A consumer who gets more than one violating call in 12 months from the same seller can sue for up to $5,000 per knowing violation. (Mass. Gen. Laws ch. 159C, §§ 1, 2, 3(i), 7, 8; 201 CMR 12.02(1))
Is Massachusetts a one-party or all-party consent state for recording calls?
Secretly recording a phone call is an unlawful interception unless the person recording has prior authority from all parties to the call. (Mass. Gen. Laws ch. 272, § 99(B)(4), (C))
Do Massachusetts telemarketing rules apply to business-to-business calls?
Chapter 159C protects only 'consumers': individual Massachusetts residents who are prospective recipients of goods or services bought primarily for personal, family or household purposes. Calls selling business products or services to businesses fall outside the state Do Not Call, hours and recorded-message rules. (Mass. Gen. Laws ch. 159C, § 1)
Do telemarketers need to register in Massachusetts?
Telephone solicitors making unsolicited sales calls to Massachusetts consumers must register in writing with the Office of Consumer Affairs and Business Regulation and pay an annual registration fee on or before January 1 each year, and must have an approved registration and the current Do Not Call list before calling. (201 CMR 12.04)
This page summarizes Massachusetts and federal rules for general information. It is not legal advice, rules change, and exemptions depend on the facts of your calls. Read the cited sources or ask counsel before relying on it.