TelgrowtelgrowGet early access
AR telemarketing rules

Arkansas telemarketing rules

Arkansas requires telephonic sellers to register with the Secretary of State at least 10 days before doing business, has merged its do not call list with the national registry, and restricts sales calls that use automated dialing and recorded messages.

From official sources, checked September 26, 2026. General information, not legal advice.

Key facts

  • Act 728 of 2017 moved telephonic seller registration from the Attorney General's Consumer Protection Division to the Secretary of State, effective January 1, 2018.
  • A seller is doing business in Arkansas if it solicits prospective purchasers from locations in Arkansas or solicits prospective purchasers who are located in Arkansas.
  • Every salesperson must register with the Secretary of State within 72 hours after accepting employment with a telephonic seller.
  • The Attorney General says the Arkansas do not call list was merged with the federal list after the national registry was established.
  • Act 677 of 2019 made a violation of the automated telephone solicitation statute a Class D felony.

Registration with the Secretary of State

Ark. Code Ann. 4-99-104 and 4-99-107, as amended by Act 728 of 2017

Not less than 10 days before doing business in Arkansas, a telephonic seller must register with the Secretary of State. Registration is valid for one year and may be renewed. Each principal signs a declaration under penalty of perjury, and material changes are filed within 10 days. The seller maintains a bond issued by a surety company authorized to do business in Arkansas and files a copy with the Secretary of State. The Secretary of State's current form asks for every telephone number the seller uses, its officers and owners, and its scripts, outlines, and other sales materials.

The do not call list and the federal rule

Ark. Code Ann. 4-99-405, as amended by Act 1042 of 2003

The Arkansas Consumer Telephone Privacy Act makes it a violation to make or transmit a telephone solicitation to a consumer in the Attorney General's then current database, to make one without first accessing that database in the manner the Attorney General specifies, or to make one that violates the FTC Do Not Call rule in 16 CFR 310.4 as in effect on March 1, 2003. The Attorney General says the state list was merged with the federal list, and that telemarketers and sellers must search the Do Not Call Registry at least once every 31 days.

Automated dialing with recorded messages

Ark. Code Ann. 5-63-204(a)(1) and (b), as amended by Act 677 of 2019

Arkansas makes it unlawful for any person to use a telephone to offer goods or services for sale, or to convey information about goods or services to solicit their sale or purchase, when the use involves an automated system for the selection and dialing of telephone numbers and the playing of recorded messages when a message is completed to the called number. Act 677 of 2019 removed wording that also covered political campaign purposes and made a violation a Class D felony.

Calling hours

47 CFR 64.1200(c)(1)

The Attorney General's do not call page lists calling hours among the telemarketing rules the FTC has instituted: telemarketers cannot call before 8 a.m. or after 9 p.m. The FCC rule likewise bars telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m., local time at the called party's location. No separate Arkansas calling window was found in the sources reviewed for this page.

Caller ID

Ark. Code Ann. 4-99-108(c) and 4-88-108, as amended by Act 677 of 2019

A person making or transmitting a telephone solicitation may not display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller ID. The deceptive trade practices law also makes it unlawful, in connection with the sale or advertisement of goods or services, to display a fictitious or misleading name or number on an Arkansas resident's caller ID, or to use a third party to do so. Each provision excludes caller ID transmission by a telecommunications provider that complies with a specific provider statute.

Who the do not call law covers

Ark. Code Ann. 4-99-403 (Act 1465 of 1999, section 3)

The Arkansas Consumer Telephone Privacy Act protects consumers, which it defines as persons assigned a residential telephone line and number in Arkansas. Its definition of telephone solicitation excludes calls made with the person's prior written express invitation or permission, calls made solely about an existing debt or contract obligation not yet completed, and calls to a consumer with a prior or existing business relationship, meaning a financial transaction with the caller or its affiliates within the 36 months before the call.

Recording calls

Ark. Code Ann. 5-60-120(a); Act 1823 of 2001

Arkansas makes it unlawful to intercept a wire, landline, oral, telephonic, or wireless communication and to record or possess a recording of it, unless the person is a party to the communication or one of the parties has given prior consent to the interception and recording. A violation is a Class A misdemeanor. Act 1823 of 2001 set out this consent rule for wire, landline, oral, telephonic, and wireless communications.

Questions

Does Arkansas have its own do not call list?

The Attorney General says that after the National Do Not Call List was established, the Arkansas list was merged with the federal list, and people on the federal list have the protection of both the federal and Arkansas laws. The Attorney General directs consumers to register at DoNotCall.gov.

How far in advance must a telemarketer register in Arkansas?

A telephonic seller must register with the Secretary of State not less than 10 days before doing business in the state. The Secretary of State's form says the form and all required attachments must be submitted at least 10 days before any solicitation, and registration is valid for one year.

Are robocalls with recorded sales messages allowed in Arkansas?

Arkansas law makes it unlawful to use a telephone to offer goods or services for sale when the use involves an automated system for selecting and dialing numbers and playing recorded messages. A violation is a Class D felony.

Run an outbound floor?

An AI dialer designed with the people who run floors

Telgrow is an AI dialer and carrier layer designed with operators who run outbound setting floors, with abandon rate caps enforced in the dialer. Join early access, or book a call about building or fixing your floor.

Get early accessBook a consulting call