8 p.m. That’s when sales calls to Massachusetts residents have to stop, an hour earlier than the federal rule allows. Chapter 159C of the Massachusetts General Laws also bans recorded sales messages, adopts the federal Do Not Call list, and lets a resident sue for up to $5,000 per knowing violation. The statute is tougher on paper than the TCPA, but it gives defendants more to work with: a knowledge requirement, a due-care defense, and fee-shifting that runs in both directions.
What calls does Chapter 159C cover?
Unsolicited sales calls to Massachusetts residents. The statute governs a “telephonic sales call,” which Section 1 defines as a call by a telephone solicitor to a consumer to make a sales pitch, to offer credit, or to gather information for marketing. A consumer is “an individual who is a resident of the commonwealth,” so out-of-state callers are covered when they call into Massachusetts.
The rules apply to unsolicited calls, and the same section carves out four kinds of calls. A call isn’t unsolicited if it responds to the consumer’s own written or verbal request, relates mainly to an existing debt or contract, is placed to an existing customer who hasn’t asked to stop, or leads to a sale that isn’t completed until a face-to-face presentation.
The existing customer exception is generous. Section 1 covers “a residential telephone subscriber with whom the person or entity making a telephonic sales call has maintained an account or had a business relationship within the previous 24 months.” That’s a longer window than the federal established business relationship rule, which generally runs 18 months from the last purchase. A company calling its own customers into Massachusetts should check the date of the last account activity first.
What does Chapter 159C prohibit?
Four things, under Section 3. A telephone solicitor can’t make an unsolicited sales call to a number on the state’s no sales solicitation list, or one “to be received between the hours of 8:00 p.m. and 8:00 a.m., local time,” at the consumer’s location. It also can’t make those calls by fax or “by use of a recorded message device.”
The state list includes the federal one. Section 7 tells the state consumer affairs office to include the Massachusetts portion of the national registry in its listing. A business that scrubs against the federal registry is most of the way there, but it should confirm it isn’t missing numbers registered only with the state.
The calling-hours rule is the one that trips up national campaigns. The FCC’s Do Not Call rules allow telephone solicitations until 9 p.m. at the called party’s location under 47 C.F.R. § 64.1200(c)(1). A dialer set to the federal window will place calls into Massachusetts between 8 and 9 p.m. that violate the state law. Setting state-specific calling windows by area code, and by the address on file when there is one, fixes that.
What must a telemarketer disclose on a Massachusetts call?
The purpose of the call and who is calling, early. Section 5A requires disclosures “within the first minute of a telephonic sales call,” including that the call is to make a sale, the name of the telemarketing company, and the name of the seller. Before taking payment, the caller also has to state the cost, the main restrictions, and the refund and cancellation terms.
A separate provision, Section 4, bars intentionally using a blocking device to defeat a consumer’s caller ID. Most of these rules overlap with the FTC’s Telemarketing Sales Rule, whose disclosure rule in 16 C.F.R. § 310.4(d) requires the disclosures “promptly.” A fixed one-minute deadline is easier to measure against a recording, so a script that saves the seller’s name for later in the call should be reworked.
What can a Massachusetts plaintiff recover?
Up to $5,000 for a knowing violation, after more than one call. Under Section 8, a person who received more than one unsolicited sales call within 12 months, by or on behalf of the same entity and in violation of the chapter, may sue for actual monetary loss or “to receive not more than $5,000 in damages for such knowing violation, whichever is greater.” The same section lets the attorney general seek a civil penalty of “not more than $5,000 for each knowing violation,” with a $1,500 minimum when the consumer is 65 or older.
Two features of the statute help defendants. The first is the knowledge requirement. A private plaintiff has to show a knowing violation, and a court sets the amount up to $5,000. That’s a different case from the TCPA’s automatic $500 per call.
The second is fee-shifting. Section 8 provides that “the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall be awarded” reasonable attorney fees and costs. On its face, the provision isn’t limited to plaintiffs, so a business that wins can ask for its fees. A court may read the clause narrowly, but the risk of paying the other side’s fees changes how a plaintiff should value a weak claim. The earlier post on serial TCPA plaintiffs covers how to raise that kind of risk early in a case.
| Rule | Chapter 159C | Federal rule | Where the defense starts |
|---|---|---|---|
| Calling hours | No unsolicited sales calls from 8 p.m. to 8 a.m. | Telephone solicitations allowed until 9 p.m. | Dialer time-zone settings and call timestamps |
| Recorded messages | Barred for unsolicited sales calls | Barred without consent for many calls | Consent records and the call type |
| Do Not Call | State listing, including the federal registry | National registry | Scrub records and version dates |
| Existing customers | Exempt if a relationship within 24 months | Business relationship rule, generally 18 months | Account history for the number |
| Private damages | Up to $5,000 per knowing violation, after more than one call | $500 per violation, up to $1,500 if willful or knowing | Proof the calls weren’t knowing violations |
Is there a defense for companies with good compliance programs?
Yes, and it’s written into the statute. Section 9 provides: “It shall be a defense in any action or proceeding brought pursuant to this chapter that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent unsolicited telephonic sales calls in violation of this chapter.”
The defense is only as good as the paper behind it. A written policy, training records, Massachusetts-specific calling windows, regular list scrubs, and a working internal do-not-call list are the kinds of proof that support it. A policy that existed only on paper won’t. The earlier post on proving consent with records covers how to present compliance evidence to a court, and more about the firm’s work is on its page for TCPA defense counsel.
Records to pull for a Massachusetts claim
- Hold the call logs with timestamps, dialer time-zone settings, recorded message files, and consent records for each Massachusetts number.
- Export the internal do-not-call entries and stop requests for those numbers, with the dates received.
- Pull the scrub records and version dates for the national registry and the Massachusetts listing.
- Gather the written compliance policy, training records, vendor contracts, and call scripts, since they support the due-care defense.
- Talk to a lawyer before responding to the demand, calling the consumer, or offering to settle.
Questions about Massachusetts telemarketing law
Does Chapter 159C apply to text messages?
The statute is written around calls. A telephonic sales call is defined as a call, though the definition of a marketing solicitation mentions a call or message. That leaves room to argue that texts fall outside the private claim, but it isn’t a safe assumption. A business texting Massachusetts residents should follow federal consent rules and the state calling hours for marketing texts.
Do nonprofits have to follow Chapter 159C?
Mostly not. The definition of a marketing or sales solicitation excludes calls by a tax-exempt nonprofit organization, along with calls made with the consumer’s prior written or verbal permission. A for-profit fundraiser calling for a nonprofit should check how its calls are structured, and the federal Do Not Call rules have their own nonprofit exemptions that work differently.
Can one call support a Chapter 159C lawsuit?
No. The private claim requires more than one unsolicited sales call within a 12-month period by or on behalf of the same person or entity, in violation of the chapter. A single call can still be part of an attorney general case, and the federal TCPA has claims that need only one call, such as the prerecorded-voice claim.
Are calls from out-of-state companies covered?
Yes. The statute defines doing business in Massachusetts to include calling Massachusetts consumers from outside the state. What matters is the consumer’s residence, not the caller’s location. A business with a national calling list should flag Massachusetts residents by address where it has one, since area codes don’t always match where people live.
If your company faces a Massachusetts calling claim
If your company is accused of calling Massachusetts residents after 8 p.m. or calling numbers on the state list, the call timestamps and the compliance program behind them usually decide the case. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving state calling-hour rules. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The Massachusetts statute is Mass. Gen. Laws ch. 159C, including Section 1, Section 3, Section 4, Section 5A, Section 7, Section 8, and Section 9. The federal statute is 47 U.S.C. § 227, and the FCC’s rules are at 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of June 14, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.