The trend of state mini-Telephone Consumer Protection Act (TCPA) laws continues to proliferate, with legislatures in Maryland and New York currently considering new bills.
After Florida enacted the Florida Telephone Solicitation Act (FTSA) in 2021, other states have followed suit enacting their own state analogues to the TCPA, including Oklahoma and Washington.
Jumping on the bandwagon, Maryland's proposed Stop the Spam Calls Act of 2023 would mandate express written consent for any prerecorded or automated marketing calls.
The proposed law features a broad definition of the term autodialer, similar to the FTSA, and also includes numerical limitations (three calls every 24 hours) as well as time limits (no calls after 8 p.m.).
If enacted, House Bill 37 – with civil penalties of up to $2,500 per violation – would take effect on Oct. 1, 2023.
In New York, Senate Bill 1536 would limit robocalls to state residents and require telephone service providers to offer free call mitigation technology to customers.
Pursuant to the Robocall Prevention Act, all robocalls would be banned with exceptions only for emergency calls, calls made with prior express consent of the called party or calls made by a labor organization to its own members.
Consent could be revoked "at any time in any reasonable manner," with a private right of action to recover damages.
To read Maryland's HB 37, click here.
To read New York's SB 1536, click here.
Why it matters: The number of states considering mini-TCPA laws continues to rise, with the possibility of Maryland and New York joining Florida, Oklahoma and Washington with state analogues to the federal statute.
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