Alabama Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Alabama regulates telephone sales through three layers of law. The Alabama Telemarketing Act, Ala. Code §§ 8-19A-1 to 8-19A-24, requires commercial telephone sellers and their salespersons to be licensed and bonded through the Consumer Division of the Office of the Attorney General, prescribes oral disclosures, and regulates the written contract and the purchaser's cancellation and refund rights. Chapter 19C of Title 8 (§§ 8-19C-1 to 8-19C-12) creates the state do-not-call database administered by the Alabama Public Service Commission (PSC), with a private action of up to $2,000 per knowing violation. The PSC's telephone rules, Ala. Admin. Code r. 770-X-5-.17 and r. 770-X-5-.31, add calling-hour limits (8 a.m. to 8 p.m., with no solicitation calls on Sundays or holidays), automated-dialer registration and operating rules, and the mechanics of the do-not-call register.

Enforcement is split. The Attorney General's Consumer Division and district attorneys enforce the Telemarketing Act, which carries civil penalties of up to $10,000 per violation and Class C felony liability for unlicensed solicitation. The PSC enforces the do-not-call and caller ID provisions of chapter 19C, with civil penalties of up to $2,000 per violation. A violation of the Telemarketing Act is also a violation of the Alabama Deceptive Trade Practices Act (DTPA), Ala. Code § 8-19-1 et seq.

The headline difference from federal law is that Alabama layers state licensing, bonding, a signed-contract rule, and a Sunday and holiday calling ban on top of the federal regime, and gives consumers a do-not-call remedy of up to $2,000 per knowing violation, four times the Telephone Consumer Protection Act's (TCPA) $500 base award. The PSC states that Alabama has merged its do-not-call register with the national registry.

Key statutes and regulations

Detailed provisions

1. Definitions

The Telemarketing Act defines "telemarketing" or "telephone solicitation" narrowly, as a voice communication. Under § 8-19A-3(17):

(17) TELEMARKETING or TELEPHONE SOLICITATION. A voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in property, goods, or services, but does not include communications by or on behalf of any of the exempt persons in Section 8-19A-4.

PSC Rule 770-X-5-.31(1)(o) uses the same definition for the do-not-call register. Chapter 19C has no definitions section of its own. Because the definition requires "a voice communication over a telephone line," text messages are not clearly within the Alabama statutes. No Alabama statute or reported decision located for this summary addresses whether a text message is a "telephone solicitation" under chapter 19C.

A "commercial telephone solicitation" (§ 8-19A-3(3)a.) is "An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with this chapter for the purpose of inducing the person to purchase or invest in consumer goods or services." Like Florida's act, it also reaches certain communications that invite a telephone response, such as offers of "A gift, award, or prize" to a purchaser who has not previously purchased from the person (§ 8-19A-3(3)b.1.).

"Doing business in this state" (§ 8-19A-3(8)) means "Businesses conducting telephonic sales calls from a location in Alabama or from other states or nations to consumers located in Alabama." An "unsolicited solicitation sales call" (§ 8-19A-3(19)) excludes a call "made to a person with whom the telephone solicitor has a prior or existing business relationship; or by a newspaper publisher or his or her agent or employee in connection with his or her business; or any of the exempt persons in Section 8-19A-4."

2. State do-not-call database

The core prohibition is § 8-19C-2(a):

(a) No person or entity may make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has given notice to the commission of his or her objection to receiving telephone solicitations.

The PSC must operate the database, and under § 8-19C-2(b)(4), if the Federal Communications Commission (FCC) establishes a national database under 47 U.S.C. § 227(c)(3), "the commission shall include the part of the single national database that relates to Alabama in the database established under this section." Rule 770-X-5-.31(3)(c) likewise provides that the register will include "the list of Alabama subscribers to the Federal Communications Commission's or any other federal agencies' Do Not Call national database."

The PSC's consumer page states: "Alabama has adopted the National Do Not Call Registry and has merged its register with the national list administered by the FTC. If you enrolled on Alabama's Do Not Call Register before August 14, 2003, you do not have to register again to be included on the national register." In practice, a number on the national registry with an Alabama subscriber is protected under § 8-19C-2(a).

Fees and access. Section 8-19C-3(a) authorizes the PSC to charge "a person or entity desiring to make telephone solicitations a fee per year payable to the commission for access to, or for paper or electronic copies of the database," subject to Legislative Council approval. Rule 770-X-5-.31(4)(a) requires a written application with "a notarized statement from an officer of the company affirming the company understands and agrees that information contained in the database shall be used exclusively for the purpose of compliance with this statute." Under Rule 770-X-5-.31(4)(b)1., "Telephone solicitors may receive access to the database in paper or computer disc form quarterly upon receipt of a non-refundable annual fee of $500." Rule 770-X-5-.31(4)(b)2. requires solicitors to "update their respective list of residential subscribers at least once a quarter. A thirty (30) day grace period shall be given on all newly published registrations." The database may be used "only for the purpose of compliance with this chapter or in a proceeding or action pursuant to Section 8-19C-6 or 8-19C-7." (§ 8-19C-4.) The official chapter 770-X-5 compilation published by the Legislative Services Agency, as retrieved in October 2026, still carries the footer "Supp. 3/31/13," and the rule has not been formally amended to reflect the merger with the national registry. Whether the PSC still sells a separate state list or collects the $500 annual fee should be confirmed with the PSC before relying on the rule's access provisions.

3. Internal do-not-call (PSC rule)

PSC Rule 770-X-5-.23(7) provides: "A person, or firm or company shall not place a live or automated solicitation call to a number when the person, firm or company, or its predecessor or owners, have been advised that solicitation calls are not welcome at that number." The rule binds predecessors and owners and has no time limit.

4. Licensing, registration and bonding

Section 8-19A-5(a) provides: "Prior to doing business in this state, a commercial telephone seller shall obtain a license from the division. Doing business in this state includes both telephone solicitation from a location in Alabama and solicitation from other states or nations of purchasers located in Alabama." The application must be accompanied by "An annual license fee in the amount of $500.00." (§ 8-19A-5.) Each salesperson must apply separately, with "An annual license fee for a salesperson in the amount of fifty dollars ($50)" and a verified statement from the commercial telephone seller "expressing the intention of the commercial telephone seller to associate the salesperson with him or her and to be responsible for the activities of the salesperson." (§ 8-19A-7(b).)

Security is mandatory. Under § 8-19A-10(b), "The amount of the bond, letter of credit, or certificate of deposit shall be a minimum of fifty thousand dollars ($50,000), and the bond, letter of credit, or certificate of deposit shall be conditioned upon compliance by the applicant with this chapter."

Section 8-19A-15 makes it unlawful "for any commercial telephone seller or salesperson to be unlicensed," for a seller "to employ, or be affiliated with, any unlicensed salesperson," and "for any commercial telephone seller or salesperson to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment." (§ 8-19A-15(a), (b), (d).)

Separately, PSC Rule 770-X-5-.17(1)(l) requires: "All persons who utilize Automatic Dialing and Announcing Devices to make solicitation calls shall register with the Secretary's Office of the Alabama Public Service Commission."

5. Exemptions

Section 8-19A-4 lists 25 exemptions from the Telemarketing Act, including isolated transactions; "A person making calls for religious, charitable, political, educational, or other noncommercial purposes" (and qualifying nonprofit solicitations); licensed securities and insurance professionals; "Any supervised financial institution or parent, subsidiary, or affiliate thereof"; newspaper, periodical and magazine sellers; certain business-to-business sales; catalog sellers meeting circulation thresholds; PSC-regulated telephone and utility companies; and, at subdivision (21), "A person soliciting business from prospective consumers who have an existing business relationship with or who have previously purchased from the business enterprise." Unlike Florida's version, the Alabama exemptions contain no carve-back for calling hours, and the Act itself contains no calling-hour rule. The hours appear only in the PSC rules.

6. Calling hours, Sundays and holidays

The PSC rules impose the same limits on automated and live solicitation calls. For automated calls, Rule 770-X-5-.17(1)(b) states:

(b) No solicitation calls are allowed on Sundays or holidays. On the days that calls are allowed, none will be placed prior to 8 a.m. or after 8 p.m.

Rule 770-X-5-.17(2)(b) repeats the identical text for "all live solicitation telephone calls to consumers in the State of Alabama." The rule does not specify a time zone or define "holidays." The conservative reading is the called party's local time. The rule's stated sanction is discontinuance of service (see section 7 below); whether a violation of the hours rule supports a private claim has not been decided in any reported Alabama decision located for this summary.

7. Automated dialing and announcing devices

Rule 770-X-5-.17(1) applies "to all automated solicitation telephone calls to consumers in the State of Alabama." Its key requirements:

(a) No numbers will be called in sequential fashion. Sequentially-placed calls refer to those calls automatically dialed by successively increasing or decreasing integers, or similar methods.

(d) All automatic dialing and announcing devices must have 10-second disconnect.

(e) Within twenty seconds after the called party answers, the name and telephone number of the individual or firm making or paying for the call must be clearly stated.

(f) At the conclusion of the call, the name and telephone number of the individual or firm making or paying for the call must again be clearly stated.

The rule also requires informing the consumer and obtaining permission if the response will be recorded (r. 770-X-5-.17(1)(c)), disclosing any charge for a response call (r. 770-X-5-.17(1)(h)), and provides that "Emergency and unlisted telephone numbers will not be used with recorded solicitation communication." (r. 770-X-5-.17(1)(i).) The sanction stated in the rule is that "Violation of any of the above requirements will result in immediate action to discontinue service." (r. 770-X-5-.17(1)(n).)

Alabama has no statutory autodialer definition comparable to 47 U.S.C. § 227(a)(1). The PSC rule prohibits calling numbers "in sequential fashion," which overlaps with, but is narrower than, the federal reference to equipment that uses "a random or sequential number generator," the definition construed in Facebook, Inc. v. Duguid (2021). The rule's other requirements apply to any "automated solicitation telephone call" regardless of how numbers are generated. Neither the statutes nor the PSC rules reviewed impose a consent requirement for automated or prerecorded solicitation calls; consent rules come from the TCPA and the FCC rules.

8. Caller ID and identification

Section 8-19C-5 provides:

(a) Any person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state shall identify himself or herself as provided under Section 8-19A-12.

(b) No person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state may knowingly utilize a method to block or otherwise circumvent the use of a caller identification service by the subscriber.

The cross-referenced disclosure rule, § 8-19A-12(a), requires that "Within the first 30 seconds of a telephone call, a commercial telephone seller or salesperson shall identify himself or herself by stating his or her true name, the company on whose behalf the solicitation is being made, and the consumer goods or services being sold." On a completed sale, the seller "shall inform the purchaser of his or her cancellation rights as provided in this chapter, state the license number issued by the division for both the commercial telephone seller and the salesperson, and give the street address of the commercial telephone seller." (§ 8-19A-12(b).) For live calls, PSC Rule 770-X-5-.17(2)(d) is stricter on timing: "Within ten (10) seconds after the called party answers, the name and telephone number of the individual or firm making or paying for the call must be clearly stated."

Section 8-19C-12 shields carriers: "No provider of telephone caller identification service, local exchange telephone company, or long distance telephone company may be held liable for violations of this chapter committed by other persons or entities."

9. Written contract, cancellation and refunds

Section 8-19A-14(a) states: "A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this chapter, if not followed by a signed written contract, is not final. If a contract is not made in compliance with this section, it is not valid and enforceable against the purchaser." The contract must contain, "in at least 12-point type, immediately preceding the signature, the following statement: 'You are not obligated to pay any money unless you sign this contract and return it to the commercial telephone seller.'" (§ 8-19A-14(a)(8).) No credit card charge may be submitted "until after the commercial telephone seller receives from the purchaser a copy of the contract which complies with this section." (§ 8-19A-14(b).)

The purchaser "may give notice of cancellation to the commercial telephone seller in writing within three business days after receipt of the confirmation." (§ 8-19A-14(c).) If the seller violates the act "or fails to deliver an item within 30 calendar days, the contract is voidable," and the purchaser is entitled to a return "within 14 days, of all consideration paid." (§ 8-19A-14(e).) Defective or misrepresented goods carry a refund, credit or replacement right if the purchaser acts "within seven days after he or she receives the goods or services." (§ 8-19A-14(f)(2).) Any waiver of these rights "is against public policy and shall be unenforceable" (§ 8-19A-14(i)). Sales with a seven-day full refund right are exempt from subsections (a) to (e) (§ 8-19A-14(l)).

10. Private rights of action

Do-not-call and caller ID (chapter 19C). Section 8-19C-7 provides:

A person who has received more than one telephone solicitation within a 12-month period by or on behalf of the same person or entity in violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5 may bring an action to enjoin the violation; bring an action to recover for actual monetary loss from the knowing violation or to receive up to two thousand dollars ($2,000) in damages for each knowing violation, whichever is greater; or bring both actions.

Three limits apply. The plaintiff must have received more than one call in 12 months from or for the same caller, the damages require a "knowing" violation, and the award is "up to" $2,000, so the amount is discretionary. There is a due-care defense: "It shall be a defense in any action or proceeding brought under Section 8-19C-6 or Section 8-19C-7 that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this chapter." (§ 8-19C-8.) The limitations period is in § 8-19C-9: no action "more than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or more than two years after the termination of any proceeding or action by the state, whichever is later." Courts may exercise personal jurisdiction over nonresidents (§ 8-19C-10), and the remedies are cumulative (§ 8-19C-11).

Telemarketing Act. Under § 8-19A-23, "a person who is injured by a violation of this chapter may bring a civil action for recovery of actual damages and any damages that would be available at common law or by statute, including actual costs, court costs, and attorney's fees." The same section provides that "Any violation of this chapter shall also be considered a violation of the Deceptive Trade Practices Act, Section 8-19-1, et seq."

DTPA. A consumer who suffers monetary damage may recover "Any actual damages sustained by such consumer or person, or the sum of $100, whichever is greater; or" "Up to three times any actual damages, in the court's discretion," plus costs and "a reasonable attorney's fee." (§ 8-19-10(a).) A written demand must be sent "At least 15 days prior to the filing of any action" (§ 8-19-10(e)). The DTPA bars consumer class actions: "A consumer or other person bringing an action under this chapter may not bring an action on behalf of a class." (§ 8-19-10(f).) Under § 8-19-14, no DTPA action may be brought "more than one year after the person bringing the action discovers or reasonably should have discovered the act or practice which is the subject of the action, but in no event may any action be brought under this chapter more than four years from the date of the transaction giving rise to the cause of action," subject to a longer period for contracts or warranties exceeding three years. Two DTPA subdivisions target telephone conduct directly: § 8-19-5(25) prohibits "Engaging in a scheme or artifice to defraud by telephone communication," and § 8-19-5(26) prohibits a telephone offer of "a gift, award, or prize" that the caller knows is materially false and intends to use to deprive the recipient of property.

11. Agency enforcement and penalties

PSC. Under § 8-19C-6, the PSC "may commence proceedings in the circuit court in the county relating to a knowing violation or threatened knowing violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5," including "issuance of a cease and desist order or issuance of an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for each violation." The PSC may issue investigative demands and subpoenas.

Attorney General and district attorneys. Under § 8-19A-18(a), "Any person who engages in any act or practices that violate this chapter is liable for a civil penalty of up to ten thousand dollars ($10,000) for each violation." The penalty may be waived where the person "has previously made full restitution or reimbursement or has paid actual damages to the purchasers." (§ 8-19A-18(d).) The DTPA separately authorizes a civil penalty "of not more than $2,000 per violation" for knowing violations of § 8-19-5 (§ 8-19-11(b)).

Criminal penalties. Under § 8-19A-21(c), "No commercial telephone seller or salesperson shall solicit without a license. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11." Any other violation, or use of "any device, scheme, or artifice to deceive," is also a Class C felony (§ 8-19A-21(e)), and "Any person who is convicted of a second or subsequent violation of this chapter commits a Class B felony" (§ 8-19A-21(f)).

How Alabama law differs from federal law

Alabama is stricter than federal law on calling hours (an 8 p.m. cutoff and no Sunday or holiday calls), on licensing and bonding, on telephone sales contracts, and on do-not-call damages, which can reach $2,000 per knowing violation, compared with a trebled maximum of $1,500 under § 227(c)(5). It is looser in that the private do-not-call remedy is discretionary ("up to"), requires a knowing violation for damages, and has a two-year limitations period. Alabama has no state consent rule for robocalls; the TCPA's consent rules govern. Because the TCPA preserves "more restrictive intrastate requirements" (47 U.S.C. § 227(f)(1)), compliance programs should apply the stricter Alabama hours and day restrictions.

Notable case law

No defining appellate decision construing chapter 8-19C or the Alabama Telemarketing Act was located in official sources for this summary. Federal district court orders located on govinfo that mention the statutes (for example, rulings on personal jurisdiction and pleading) did not construe their substantive terms and are not discussed.

Recent amendments

• Chapter 19C (Act 99-450) and the Telemarketing Act (Acts 1994, No. 94-650, amended by Act 99-450) show no later amendments in the history notes returned by the Alabama Legislature's official code database.
• The PSC rules appear in the official compilation as "Supp. 3/31/13"; Rule 770-X-5-.31's history states it was effective June 2000 and filed with LRS February 5, 2013. No later amendment appears in the compilation.

Practical compliance checklist

• Scrub every Alabama residential number against the national registry (which the PSC treats as the Alabama register) and against your internal do-not-call list, including requests made to predecessors or owners.
• Confine live and automated solicitation calls to 8 a.m. to 8 p.m. in the called party's local time, Monday through Saturday, and suppress calls on holidays; adopt a written holiday calendar because the rule does not define the term.
• If you are a commercial telephone seller not covered by an exemption in § 8-19A-4, obtain the seller license and salesperson licenses from the Attorney General's Consumer Division and post the $50,000 bond before calling Alabama.
• Register any automatic dialing and announcing device with the PSC Secretary's Office, disable sequential dialing, and configure a 10-second disconnect.
• Script the identification: name, company and product within 30 seconds; name and telephone number within 10 seconds on live calls and 20 seconds on automated calls, repeated at the end of automated messages.
• Transmit caller ID and never use a method to block or circumvent it.
• For telephone sales, obtain a signed written contract with the 12-point notice before charging a card, send a written confirmation, and honor the three business day cancellation right.
• Do not require or express a preference for credit card payment on the call.
• Document your do-not-call procedures and training to support the due-care defense in § 8-19C-8.

References

• Ala. Code §§ 8-19A-1 to 8-19A-24 (Alabama Telemarketing Act), Alabama Legislature, Code of Alabama: https://alison.legislature.state.al.us/code-of-alabama?section=8-19A-1
• Ala. Code §§ 8-19C-1 to 8-19C-12 (Telephone Solicitations): https://alison.legislature.state.al.us/code-of-alabama?section=8-19C-2
• Ala. Code § 8-19-5: https://alison.legislature.state.al.us/code-of-alabama?section=8-19-5
• Ala. Code § 8-19-10: https://alison.legislature.state.al.us/code-of-alabama?section=8-19-10
• Ala. Code § 8-19-11: https://alison.legislature.state.al.us/code-of-alabama?section=8-19-11
• Ala. Code § 8-19-14: https://alison.legislature.state.al.us/code-of-alabama?section=8-19-14
• Ala. Admin. Code ch. 770-X-5 (PSC Telephone Rules, including r. 770-X-5-.17, .23 and .31): https://file.admincode.legislature.state.al.us/docs/psc/770-X-5.pdf
• Ala. Admin. Code r. 770-X-5-.31: https://admincode.legislature.state.al.us/administrative-code/770-X-5-.31
• Alabama Public Service Commission, Register for Do Not Call: https://psc.alabama.gov/register-for-do-not-call/
• 47 U.S.C. § 227: https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm
• 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 47 C.F.R. § 64.1601: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-P/section-64.1601
• 28 U.S.C. § 1658: https://www.govinfo.gov/content/pkg/USCODE-2023-title28/html/USCODE-2023-title28-partV-chap111-sec1658.htm
• 16 C.F.R. Part 310: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.