Maryland has adopted consumer protection laws designed to reduce unwanted sales calls, prerecorded messages, and abusive telemarketing practices. Two important statutes establish restrictions on telephone solicitations and provide potential legal remedies for affected residents.
Maryland residents who receive repeated sales calls, automated messages, or solicitations outside permitted hours may have rights under state and federal law.
Understanding Maryland's telephone solicitation laws
Unwanted calls can interrupt work, disrupt family time, and create privacy concerns. Maryland addresses these problems through laws that regulate how businesses contact consumers.
The Maryland Telephone Consumer Protection Act incorporates certain federal telemarketing restrictions into state law. This allows qualifying violations of federal calling rules to support claims under Maryland law.
A separate law, the Stop the Spam Calls Act of 2023, establishes additional restrictions on telephone solicitation. Its provisions became effective January 1, 2024.
Together, these statutes create several layers of protection.
What Maryland law prohibits
Maryland's Stop the Spam Calls Act places important limits on covered telephone solicitations.
A business generally cannot use an automated system to select or dial telephone numbers for covered sales calls without obtaining the called party's prior express written consent.
The law also addresses prerecorded messages, misleading caller identification, excessive calling, and telephone solicitations made during restricted hours.
Covered sales calls are prohibited between 8 p.m. and 8 a.m. in the recipient's time zone.
Businesses also generally cannot make more than three calls to the same person about the same subject within a 24-hour period.
These restrictions apply subject to statutory definitions and exemptions.
Local spotlight: Maryland residents have additional state protections
Maryland consumers benefit from having both federal and state legal protections against certain unwanted calls.
For example, a sales call received at 8:30 p.m. may fall outside Maryland's permitted solicitation hours, even though the federal calling-hours restriction generally begins at 9 p.m.
This difference matters when reviewing potentially unlawful calls.
Maryland's laws also address certain automated dialing practices and provide remedies that may differ from federal claims.
Can Maryland consumers recover money for unlawful calls?
Under Maryland Commercial Law § 14-3202, an affected individual may seek the greater of $500 per violation or actual damages, along with reasonable attorney fees, for qualifying violations.
The Stop the Spam Calls Act provides a separate remedy under § 14-4503. An aggrieved called party may seek damages of up to $500 or actual damages, whichever is greater.
For knowing or willful violations, a court may award up to three times the applicable amount.
These remedies are not automatic. The facts, applicable law, available evidence, and court findings determine whether compensation is available.
Common questions around Maryland robocall laws
Are all automated calls illegal in Maryland?
No. The law distinguishes covered telephone solicitations from other communications. Consent, statutory exemptions, and the purpose of the call may affect legality.
Can I report repeated sales calls?
Yes. Maryland residents can report suspected unlawful telemarketing activity to the Maryland Attorney General's Consumer Protection Division.
Does Maryland maintain a separate do not call registry?
No. Maryland consumers can use the National Do Not Call Registry.
What evidence should consumers preserve?
Call logs, screenshots, recorded voicemails, text messages, and records of consent or requests to stop calling can help establish what happened.
