State Telemarketing Laws

This guide covers the states with the most significant recent laws. It is not a 50-state survey. Always check the law of the state where the person you are calling lives.

Why state laws matter

1. Broader dialer definitions. Some states cover an automated system "for the selection or dialing" of numbers. That can reach equipment that falls outside the federal definition after Facebook, Inc. v. Duguid (2021).
2. Tighter hours. Many states stop solicitations at 8 p.m., not the federal 9 p.m.
3. Call-frequency limits. Several states cap calls at three in 24 hours on the same subject.
4. Texts expressly covered. Many state laws now name text messages, which matters after the U.S. Court of Appeals for the Seventh Circuit held in Steidinger v. Blackstone Medical Services (2026) that texts are not "telephone calls" under the federal do-not-call private right of action.
5. Private lawsuits. Several states let consumers sue for statutory damages.

Florida

The Florida Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, was substantially amended in 2021 (ch. 2021-185) and again in 2023 (ch. 2023-150).

• Covers calls, text messages, and voicemail transmissions.
• Consent: prior express written consent is required for unsolicited sales calls that involve "an automated system for the selection and dialing of telephone numbers" or a recorded message. A checked box or an affirmative reply can count as a signature.
• Location: a rebuttable presumption that a call to a Florida area code reaches a Florida resident.
• Hours and frequency: the Florida Telemarketing Act, § 501.616(6), bars solicitation calls before 8 a.m. or after 8 p.m. and more than three calls in 24 hours on the same subject matter.
• Lawsuits: actual damages or $500, whichever is greater, trebled for willful or knowing violations. Attorney's fees are available to the prevailing party.
• Text safe harbor: before suing over texts, the called party must reply "STOP." The solicitor then has 15 days to stop.
• State list: Florida keeps its own "no sales solicitation calls" list.

Oklahoma

The Oklahoma Telephone Solicitation Act took effect November 1, 2022 (15 O.S. § 775C.1 and following).

• Prior express written consent for sales calls using an automated system "for the selection or dialing" of numbers or a recorded message (§ 775C.3).
• No calls before 8 a.m. or after 8 p.m., and no more than three calls in 24 hours on the same subject (§ 775C.4).
• A long list of exemptions (§ 775C.5).
• Private right of action for actual damages or $500, trebled for willful or knowing violations (§ 775C.6).

Maryland

The Stop the Spam Calls Act took effect January 1, 2024 (Md. Code, Com. Law §§ 14-4501 to 14-4503).

• Prior express written consent for sales calls using an automated system "for the selection or dialing" of numbers or a recorded message.
• No calls before 8 a.m. or after 8 p.m., and no more than three calls in 24 hours on the same subject.
• Caller ID requirements.
• A violation is an unfair, abusive, or deceptive trade practice under the Maryland Consumer Protection Act. Consumers may recover actual damages or $500, trebled for willful or knowing violations. The area code presumption applies.

Texas

Senate Bill 140 (89th Legislature) took effect September 1, 2025.

• The definition of "telephone solicitation" in Bus. & Com. Code § 302.001 now includes text and graphic messages and images.
• Violations of chapters 304 and 305 of the Business and Commerce Code are now actionable under the Deceptive Trade Practices Act (DTPA). Previously, violations of chapter 302 were actionable under the DTPA.
• Many sellers must hold a Texas registration certificate before making telephone solicitations (§ 302.101). Check the exemptions.
• The changes apply to conduct on or after September 1, 2025.

Virginia

2025 Acts of Assembly, chapter 626 (Senate Bill 1339), took effect January 1, 2026.

• Va. Code § 59.1-514 now covers text message solicitations.
• A consumer can opt out of texts by replying "UNSUBSCRIBE" or "STOP." The request must be honored for at least 10 years.
• Private actions under §§ 59.1-515 and 59.1-517, with an affirmative defense for reasonable practices and procedures, including use of a registry version no more than 31 days old.

Oregon

House Bill 3865 (2025) amends Oregon's telephone solicitation laws (ORS 646.561 and following, and ORS 646A.370 to 646A.374).

• Covers text messages.
• Solicitations only between 8 a.m. and 8 p.m.
• No more than three solicitations in 24 hours, unless there is an established business relationship (18 months).
• The caller may use the area code to determine the location.
• The bill has no emergency or operative-date clause, so under ORS 171.022 it took effect January 1, 2026.

Pennsylvania

Act 47 of 2026 (Senate Bill 992) amends the Telemarketer Registration Act. It was approved July 20, 2026 and takes effect 90 days later, on or about October 18, 2026.

• Covers text messages.
• No telephone solicitations on Sundays or legal holidays, or before 9 a.m. or after 7 p.m.
• Text opt-out words: "stop," "quit," "end," "revoke," "opt out," "cancel," and "unsubscribe."
• Prior express written consent for robocalls.
• A 12-month established business relationship window.
• The Pennsylvania Attorney General enforces the Act. Whether consumers can sue directly under the amended Act, or through Pennsylvania's general consumer protection law, should be confirmed with counsel.

What this means for you

1. To be safe, use the narrowest calling hours that could apply. A program that calls only from 9 a.m. to 7 p.m., Monday through Saturday, avoiding legal holidays, fits every state above.
2. Cap calls at three per 24 hours on the same subject.
3. Get written consent for any automated or recorded marketing, even if your platform is not a federal autodialer.
4. Honor opt-out keywords, and keep Virginia's 10-year retention rule in mind.
5. Recheck this page. State legislatures act every year.