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State mini-TCPA table
State telemarketing statutes that sit beside the federal TCPA. Rows with full figures are the statutes whose damages and private-action terms were confirmed from primary text at the time of review. Rows marked 'see statute' exist and are cited, but their terms are not reproduced because they could not be confirmed to the same standard. 47 U.S.C. § 227(f) preserves stricter state law.
| State | Statute | Damages | Private right of action | Hours and frequency | Notes |
|---|---|---|---|---|---|
| Florida | Fla. Stat. § 501.059 (Florida Telephone Solicitation Act), amended 2021 and 2023 | $500 per violation; up to $1,500 if willful or knowing | Yes, since 1 July 2021 | 8am to 8pm; max 3 calls per 24h on same subject | Prior express written consent for sales calls or texts using an automated system for the selection and dialing of numbers or a recorded message. Presumes calls to Florida area codes reach Florida residents. 2023: texts require a STOP reply and 15 days before suit. Caller ID spoofing barred. |
| Oklahoma | 15 O.S. § 775C.1 et seq. (Telephone Solicitation Act of 2022), effective 1 Nov 2022 | $500 per violation; up to $1,500 if willful or knowing | Yes | 8am to 8pm; max 3 calls per 24h on same subject | Modelled on the 2021 Florida text, including the broader automated-system wording. Presumption for Oklahoma area codes. Not narrowed as Florida was in 2023. |
| Texas | Tex. Bus. & Com. Code ch. 305 (private action); ch. 302 (registration); ch. 304 (do-not-call) | Greater of actual damages or $500 per violation; trebled if knowing or intentional | Yes, ch. 305, for violations of 47 U.S.C. § 227 | Follows federal rules | Chapter 302 requires registration with the Secretary of State and a security deposit for solicitors calling Texas residents unless exempt; extended to text messages in 2025. Unregistered solicitation is a DTPA violation. |
| Maryland | Md. Code, Com. Law § 14-3201 et seq. (Maryland Telephone Consumer Protection Act); Stop the Robocall Act (2023) | Actual damages or $500 per violation, plus reasonable attorney fees | Yes | Follows federal rules | Makes a violation of the federal TCPA or its regulations a violation of state law, adding fee-shifting. 2023 act added a state definition of automated dialing equipment broader than the federal one. |
| Washington | RCW 80.36.390 (telephone solicitation, amended 2022); RCW 19.190 (Commercial Electronic Mail Act, texts) | Consumer Protection Act remedies under RCW 19.86 (actual and treble damages, fees); statutory damages per text under RCW 19.190 | Yes, via the Consumer Protection Act and RCW 19.190 | Narrowed by the 2022 amendment; check RCW 80.36.390 | Unsolicited commercial texts to Washington numbers prohibited. The 2022 amendment made telephone solicitation violations per se unfair practices. |
| Georgia | O.C.G.A. § 46-5-27 (telephone solicitations) | See statute; amended 2023 | See statute | See statute | Georgia do-not-call and solicitation statute, amended in 2023 to add provisions on automated calls. Damages and private-action terms not reproduced here; read the current text. |
| Connecticut | Conn. Gen. Stat. § 42-288a (telephone solicitation; amended 2023) | See statute | See statute | See statute | Telemarketing and do-not-call provisions, strengthened in 2023. Terms not reproduced here; read the current text. |
| Mississippi | Miss. Code § 77-3-701 et seq. (Telephone Solicitation Act) | See statute | See statute | See statute | Do-not-call and solicitation statute enforced by the Public Service Commission; amended in recent sessions. Read the current text for private-action terms. |
| New Jersey | N.J.S.A. 56:8-119 to 56:8-135 (telemarketing do-not-call) | Consumer Fraud Act remedies | Via the Consumer Fraud Act | See statute | State do-not-call list and solicitor registration under the Consumer Fraud Act. Read the current text. |
Reading the table
Three columns decide whether a state statute matters to a given campaign. The automated-system definition, where a state uses one broader than the federal ATDS definition after Duguid, brings list-based dialers and texting platforms within state law. The private right of action decides whether the person called can sue, as opposed to the attorney general. The hours and frequency column shows where a campaign set to federal rules is non-compliant: 8am to 9pm is lawful federally and unlawful after 8pm in Florida and Oklahoma.
A plaintiff can plead the federal and state claims together for the same call. For a Florida recipient the practical effect is to double the statutory range. The federal figures are in TCPA damages per call; the official text of each statute is linked from TCPA statute citations.
Not in the table
Arizona, New York, Pennsylvania and several other states have telemarketing statutes with registration, hours or do-not-call provisions. They are omitted because their private-action and damages terms were not confirmed from primary text at the time of review. The omission is not a statement that no such law exists. Check the state legislature's website.
Quick lookups
- Which states have mini-TCPA laws with a private right of action?
- Florida (FTSA, 2021), Oklahoma (2022), Texas (Bus. & Com. Code ch. 305), Maryland (Com. Law § 14-3201) and Washington (via the Consumer Protection Act and RCW 19.190) are the confirmed ones in this table. Others exist with varying terms.
- Which state law has the highest exposure?
- Florida and Oklahoma, at $500 to $1,500 per call or text on top of the federal figure, with broader automated-system definitions and an 8pm cutoff. Maryland adds attorney fees to the federal figure.
- Does Texas have a TCPA?
- Texas Business and Commerce Code chapter 305 gives a state-law action for communications that violate 47 U.S.C. § 227, at $500 per violation trebled if knowing or intentional, and chapter 302 requires solicitor registration.
- Do state laws apply if my business is not in that state?
- They apply to calls into the state. Florida and Oklahoma presume a call to one of their area codes reaches a resident, so the caller’s location does not matter.