Maryland TCPA and telemarketing law
Maryland has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | Md. Code, Com. Law § 14-4501 et seq.; Md. Code, Com. Law § 14-3201 et seq. | ↗ |
| Consent standard | Prior express written consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $500 / violation · up to $1,500 willful | ↗ |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
Maryland's Stop the Spam Calls Act of 2023 took effect January 1, 2024. Without the called party's prior express written consent, a person may not make a telephone solicitation that involves an automated system for the selection or dialing of telephone numbers or a recorded message. The consent definition expressly covers solicitations by telephone call, text message, or voicemail. The Act also bars solicitations between 8 p.m. and 8 a.m., more than three calls in 24 hours on the same subject, and caller ID concealment.
A called party who is aggrieved may sue for damages up to $500 or actual damages, whichever is greater, and up to three times that amount for willful or knowing violations. Separately, Com. Law § 14-3201 makes a violation of the federal TCPA or Telemarketing Sales Rule a state violation, with $500 per violation or actual damages plus attorney's fees.
Source: Md. Code, Com. Law § 14-4501 et seq.; Md. Code, Com. Law § 14-3201 et seq. ↗