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.
Compare Consent Requirements across states
Federal TCPA is the floor. Each state can — and many do — go further.
Stay Current
Weekly compliance digest
New enforcement actions, statute updates, and rule changes — delivered once a week. Know what changed before your next dial session.
Compliance, built in
Need an AI workforce that knows the rules?
Chief is the AI workforce for real estate operators. Calling, texting, and follow-up that respects Maine consent requirements, calling hours, and DNC rules without you babysitting the dialer.
See Chief →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 →