Maine Consent Requirements
What consent you need before calling or texting consumers in Maine
Mini-TCPA State — Stricter than Federal
Maine has enacted 32 M.R.S. § 14716 which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Maine for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Written Consent Required | Required | No | Not Sufficient |
| Ringless Voicemail | Written Consent Required | Required | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Maine requires prior express consent for telemarketing voice calls. Calling hours are restricted to 9 AM–5 PM, significantly stricter than the federal 8 AM–9 PM window. Must scrub against both Maine DNC and federal DNC lists. Manual dialing to non-DNC numbers with prior express consent is the standard cold calling path.
ATDS Definition
Maine does not define ATDS at the state level. Federal TCPA definition applies: equipment with the capacity to store or produce telephone numbers using a random or sequential number generator and to dial such numbers (post-Duguid standard).
Statute
10 M.R.S. § 1498
SMS
Notes
Maine defers to federal TCPA for SMS consent requirements. Prior express written consent is required for autodialed or marketing text messages per federal law. One-to-one consent required under FCC January 2025 rule. No state mini-TCPA adds additional SMS restrictions beyond federal.
ATDS Definition
No state-specific ATDS definition. Federal TCPA/FCC definition applies.
Statute
10 M.R.S. § 1498; 47 U.S.C. § 227
AI Voice
Notes
AI voice calls fall under the FCC February 2024 declaratory ruling (FCC 24-17) classifying AI-generated voices as artificial/prerecorded under TCPA. Prior express written consent required. Maine's 9 AM–5 PM calling restriction applies on top of federal requirements.
ATDS Definition
No state-specific AI voice definition. AI-generated voice calls are treated as prerecorded/artificial voice under federal TCPA.
Statute
47 U.S.C. § 227; FCC 24-17
Prerecorded
Notes
Prerecorded message calls to residential lines require prior express written consent under federal TCPA. Maine does not add state-level prerecorded message restrictions beyond federal law but calling hours are still restricted to 9 AM–5 PM under state law.
ATDS Definition
No state-specific definition. Federal TCPA applies.
Statute
47 U.S.C. § 227(b)(1)(B)
Ringless Voicemail
Notes
Ringless voicemail is treated as a call to a wireless number under federal TCPA per FCC guidance. Prior express written consent required for marketing RVM drops. Maine does not have separate state-level RVM legislation.
ATDS Definition
No state-specific definition. FCC treats ringless voicemail as a call under TCPA.
Statute
47 U.S.C. § 227
MMS
Notes
MMS messages follow the same federal TCPA consent framework as SMS. Prior express written consent required for marketing MMS. One-to-one consent required under FCC 2025 rule. Maine does not have separate MMS-specific state legislation.
ATDS Definition
No state-specific definition. Federal TCPA applies to MMS as it does to SMS.
Statute
47 U.S.C. § 227
Fax
Notes
Unsolicited fax advertising follows federal TCPA rules. Prior express permission or an established business relationship required. Must include opt-out mechanism on every fax. Maine does not impose additional state-level fax restrictions.
ATDS Definition
Federal TCPA Junk Fax Prevention Act standards apply.
Exemptions
EBR exemption allows faxes to existing business relationships with opt-out notice.
Statute
47 U.S.C. § 227(b)(1)(C)
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →