Notes

Manual cold calling to non-DNC numbers is permitted with prior express consent (which can be implied from providing a number in a business context). Must identify caller, company, and purpose at the start of each call. Must scrub against both Maryland state DNC and federal NDNC. No private right of action under Maryland law — but federal TCPA still applies to cell phone calls made with ATDS.

ATDS Definition

Maryland follows the federal ATDS definition post-Facebook v. Duguid. No state-specific broader definition. ATDS means equipment that uses a random or sequential number generator to produce or store telephone numbers and dial them.

Exemptions

EBR exemption applies. Nonprofit and political exemptions exist.

Statute

Md. Code, Com. Law § 14-2201 et seq.

Notes

SMS marketing to Maryland consumers follows federal TCPA requirements — prior express written consent for marketing texts sent via ATDS. Maryland state law adds registration requirements but does not impose stricter consent standards than federal. One-to-one consent rule (FCC Jan 2025) applies. Purchased lead lists with bundled consent are unusable for automated text campaigns.

ATDS Definition

Maryland does not have a state-specific ATDS definition for text messages that differs from federal standards. Federal TCPA and FCC rules govern SMS consent requirements.

Exemptions

EBR exemption may apply for transactional messages. Marketing texts require prior express written consent under federal TCPA.

Statute

Md. Code, Com. Law § 14-3201 et seq.; 47 U.S.C. § 227

Notes

AI voice agents calling Maryland consumers are governed by federal TCPA for cell phones and Maryland's automated calling provisions. Prior express consent required. AI voice must identify as AI at call start per FTC requirements. No Maryland-specific AI voice statute exists. Federal TCPA private right of action remains available to consumers.

ATDS Definition

No Maryland-specific AI voice statute. AI voice calls that use automated dialing fall under both federal TCPA and Maryland Telephone Consumer Protection Act provisions on automated equipment.

Statute

Md. Code, Com. Law § 14-3201 et seq.; 47 U.S.C. § 227

Notes

Prerecorded voice messages for solicitation purposes require prior express consent under Maryland law. Federal TCPA requires prior express written consent for prerecorded telemarketing calls to cell phones. Maryland enforcement through AG — no state private right of action, but federal TCPA private action is available.

ATDS Definition

Maryland Telephone Consumer Protection Act prohibits prerecorded voice solicitation without prior express consent. Follows federal ATDS definition.

Exemptions

EBR exemption provides limited relief for existing customer communications about the same product/service.

Statute

Md. Code, Com. Law § 14-3201; 47 U.S.C. § 227(b)(1)(B)

Notes

RVM is not specifically addressed by Maryland statute. Federal TCPA treatment applies — courts increasingly treat RVM as a "call" requiring prior express consent. For marketing RVM, prior express written consent is the safe standard. No Maryland-specific enforcement guidance on RVM.

ATDS Definition

No Maryland-specific RVM statute or guidance. Federal TCPA treatment of RVM as a "call" applies. FCC has signaled RVM constitutes a call under federal law.

Statute

47 U.S.C. § 227

Notes

MMS marketing follows the same consent requirements as SMS. Prior express written consent for automated marketing MMS under federal TCPA. Maryland state law does not distinguish between SMS and MMS.

ATDS Definition

MMS treated identically to SMS under both federal and Maryland provisions. No separate MMS standard.

Exemptions

Same exemptions as SMS apply.

Statute

Md. Code, Com. Law § 14-3201 et seq.; 47 U.S.C. § 227

Notes

Unsolicited fax advertising prohibited under federal TCPA/JFPA. Maryland registration requirements apply to fax solicitations. EBR exemption available under JFPA with proper opt-out notice on each fax.

ATDS Definition

Fax solicitations governed primarily by federal TCPA and Junk Fax Prevention Act (JFPA). Maryland consumer protection statutes also prohibit unsolicited commercial fax.

Exemptions

EBR exemption under JFPA with opt-out notice on each fax.

Statute

Md. Code, Com. Law § 14-2201 et seq.; 47 U.S.C. § 227(b)(1)(C)