State Telemarketing Laws: Calling Hours, Call Limits, and "Mini-TCPAs"

Federal laws like the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR) set the baseline for telemarketing across the United States. But they're only part of the picture. Individual states can, and often do, add their own rules on top, and many of those rules are stricter than federal law.

For anyone calling or texting people across the US, this creates a patchwork of requirements that varies from state to state. A call that's perfectly legal in one state can break the rules in another. This article explains the main ways state telemarketing laws differ from federal law, with examples of some of the most significant ones.

This article is for general information only and isn't legal advice. State laws change frequently and vary considerably, so businesses should seek legal advice about the specific states they call into.

Why State Laws Matter

Federal law sets minimum standards, but it generally allows states to pass stronger protections for their residents. Many states have done exactly that, often in response to public frustration with unwanted calls and texts.

State laws matter for several reasons. They can be stricter than federal rules, for example by limiting calling hours further or capping how often someone can be called. They can define key terms more broadly, bringing more calls within their scope. And many give individuals the right to sue, creating legal risk similar to the TCPA.

The Rise of "Mini-TCPAs"

In 2021, the US Supreme Court's decision in Facebook v. Duguid narrowed the federal definition of an automatic telephone dialing system, meaning many modern dialing systems no longer counted as autodialers under the TCPA. Several states responded by passing their own versions of the TCPA, often called "mini-TCPAs," with broader definitions and additional restrictions.

Florida

Florida's Telephone Solicitation Act (FTSA), significantly amended in 2021, became the best-known example. It restricted sales calls and texts made using automated systems without prior express written consent, and its definition of automated systems was broader than the federal one. It also allowed individuals to sue for damages per violation, leading to a large number of lawsuits.

In 2023, Florida amended the law again, narrowing its definition of automated systems and giving businesses an opportunity to fix certain text message violations before a lawsuit could be filed. Under these changes, a person who receives an unwanted text must first reply "STOP," and the business then has a short period to stop texting before the person can sue.

Florida's law also includes rules on calling hours and call frequency, covered below.

Oklahoma

Oklahoma passed its own Telephone Solicitation Act in 2022, closely modeled on Florida's original law. It restricts automated sales calls and texts without prior express written consent, limits calling hours, caps call frequency, and allows individuals to sue.

Maryland

Maryland's Stop the Spam Calls Act, which took effect in 2024, follows a similar approach, with restrictions on automated sales calls, limited calling hours, a cap on call frequency, and rules on consent.

Texas

Texas has long required many telephone solicitors to register with the state. In 2025, Texas expanded its laws so that its telephone solicitation rules apply clearly to text messages as well as calls, and allowed violations to be pursued under the state's consumer protection law, significantly increasing the legal risk for businesses that don't comply.

Other states have introduced or passed similar laws, and more are likely to follow.

Calling Hours

Federal law allows telemarketing calls between 8 a.m. and 9 p.m. in the called person's local time. Many states set narrower windows.

For example, Florida, Oklahoma, and Maryland limit sales calls to between 8 a.m. and 8 p.m. in the person's local time. Texas limits most telephone solicitations to between 9 a.m. and 9 p.m. on weekdays and Saturdays, and between noon and 9 p.m. on Sundays.

Some states also restrict or prohibit telemarketing calls on Sundays and certain public holidays. Louisiana and Mississippi, for example, have rules restricting Sunday telemarketing.

Because rules differ so widely, many businesses adopt calling hours that meet the strictest standard across all the states they call into.

Limits on Call Frequency

Federal law doesn't set a general limit on how many times a business can call someone. Several states do.

Florida, Oklahoma, and Maryland, for example, prohibit making more than three sales calls to the same person within 24 hours about the same subject matter, regardless of which phone number the calls come from. This prevents businesses from repeatedly calling someone throughout the day, including by switching numbers.

Businesses calling into these states need systems that track every attempt to each person across all their numbers and campaigns.

Registration and Bonding

Many states require telemarketers or sellers to register before making sales calls to residents. Registration requirements can include providing details about the business and its owners, paying a fee, submitting scripts, and in some cases posting a bond, which is a financial guarantee that can be used to compensate consumers if the business breaks the rules.

States such as Florida and Texas have long-standing registration or licensing requirements for certain telephone sellers, and many others have their own. Exemptions are common, for example for some businesses with established retail locations or for certain regulated industries, so the details need to be checked state by state.

State Do Not Call Lists

In addition to the National Do Not Call Registry, a handful of states maintain their own Do Not Call lists. Florida, Indiana, and Texas are examples. Businesses calling into those states may need to check numbers against both the national registry and the state list.

Some states also have different exceptions from the federal rules. For example, the established business relationship exception may be narrower, or may not apply at all, under certain state laws.

Disclosure Requirements

Many states require callers to provide specific information at the start of a telemarketing call, often within a set number of seconds. This commonly includes:

• The caller's name.
• The name of the business on whose behalf the call is made.
• The purpose of the call.
• A phone number or address where the business can be contacted.

Some states also require callers to end the call promptly if the person says they're not interested, and to avoid calling them again.

Caller ID Rules

Some states have their own rules on caller ID, such as requiring that the number displayed can be called back, that it reaches the business making the call, or that it isn't deliberately misleading. Several states have also introduced laws restricting the use of local-looking numbers that don't actually belong to a local business, sometimes called "neighbor spoofing."

Call Recording Consent

State laws also affect call recording. While federal law allows recording with the consent of one party, a number of states, including California, Florida, Illinois, Pennsylvania, and Washington, require the consent of everyone on the call. Businesses that record calls across the US usually inform every caller at the start of the call to meet the strictest standard.

AI and Automated Calls

States are increasingly addressing AI in calls and other interactions. Some have passed laws requiring disclosure when people are interacting with AI in certain situations, and others have introduced restrictions on deceptive AI-generated content, particularly around elections. These laws are developing quickly and vary considerably.

Which State's Law Applies?

Generally, the law that applies is the law of the state where the person being called is located, not where the caller is based. A business in one state calling a resident of Florida needs to follow Florida's rules.

This can be tricky in practice. Phone numbers, particularly mobile numbers, don't always reflect where a person currently lives, since people keep their numbers when they move. A number with a California area code might belong to someone now living in Texas. Businesses often use a combination of the area code, the person's address on record, and other available information to decide which rules to apply, and many choose to follow the strictest applicable rules when in doubt.

Managing Compliance Across States

Keeping track of state rules is one of the more demanding parts of telemarketing compliance. Businesses that call into many states typically:

• Map the rules for each state they call, including hours, frequency limits, registration, disclosures, and Do Not Call requirements.
• Configure calling systems to apply the correct hours and frequency limits automatically based on each person's location.
• Register where required, and keep registrations up to date.
• Check state Do Not Call lists alongside the national registry.
• Use consistent, clear disclosures that meet the strictest state requirements.
• Track every call and text attempt across all numbers and campaigns.
• Monitor changes, since state laws are frequently amended.
• Seek legal advice, especially before expanding into new states.

A Patchwork That Rewards Care

State telemarketing laws reflect how strongly people feel about unwanted calls and texts. They add layers of protection on top of federal law, and they vary enough from state to state that careful planning is essential. For businesses, the safest approach is to treat the strictest rules as the standard, respect people's time and wishes wherever they live, and stay alert to changes. That not only reduces legal risk, but also ensures calls reach people at reasonable times and in reasonable numbers.

Related articles

• The TCPA Explained: The Main US Law on Phone Calls and Texts
• The Telemarketing Sales Rule: What It Requires and Who It Covers
• Do Not Call Registries: How They Work in the US and UK