Minnesota TCPA and telemarketing law
Minnesota has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | Minn. Stat. §§ 325E.26-325E.31; Minn. Stat. §§ 325G.12-325G.14 | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | Not yet verified | |
| Covers text messages | No | ↗ |
| Cure period | Not yet verified |
Minnesota regulates automatic dialing-announcing devices, meaning equipment that dials numbers and plays a prerecorded or synthesized voice message, in Minn. Stat. §§ 325E.26 to 325E.31. A caller may not use one unless the subscriber knowingly or voluntarily requested or consented to the message, or a live operator obtains consent before the message plays. Exemptions cover school districts, existing business or personal relationships and employee schedule messages. The device must disconnect within ten seconds after the subscriber hangs up, and neither these devices nor commercial telephone solicitations may be used before 9:00 a.m. or after 9:00 p.m. A separate law requires sellers making telephone solicitations to state their name, business and purpose up front.
Violators face a private right of action to recover damages, costs and attorney fees under § 8.31, and the Attorney General can seek a civil penalty of up to $50,000.
Source: Minn. Stat. §§ 325E.26-325E.31; Minn. Stat. §§ 325G.12-325G.14 ↗