Massachusetts TCPA and telemarketing law
Massachusetts has its own telemarketing statute with a private right of action.
| Statute | M.G.L. c. 159C; M.G.L. c. 159, §§ 19B to 19E | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | No | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $5,000 / violation | ↗ |
| Covers text messages | Not yet verified | |
| Cure period | Not yet verified |
Massachusetts regulates telemarketing in General Laws chapter 159C. A telephone solicitor may not make an unsolicited telephonic sales call to a consumer on the state no sales solicitation calls listing, between 8 p.m. and 8 a.m., by fax, or by use of a recorded message device, and may not block caller ID. Solicitors must disclose the sales purpose, the telemarketing company and the seller within the first minute. Calls made in response to a consumer's express written or verbal request, and calls to existing customers who have not opted out, are not unsolicited. Chapter 159, sections 19B to 19E, add autodialer and disclosure rules.
A person who receives more than one unsolicited sales call from the same caller in 12 months in violation of the chapter can sue for an injunction and actual loss or up to $5,000 for a knowing violation, plus attorney's fees. The Attorney General can seek civil penalties up to $5,000 per knowing violation.