State-Level Telecom Regulations

State vs. Federal Regulation

Telecom regulation in the United States operates on two levels. The FCC enforces federal laws like the TCPA, while individual states have their own statutes, often enforced by state attorneys general and private lawsuits. Importantly, state laws often provide additional protections beyond federal requirements — they can be stricter but not more lenient.

Key differences between state and federal frameworks:

• ATDS definitions — Many states define autodialers more broadly than federal law
• Consent requirements — Some states require heightened consent for certain calls
• DNC lists — Several states maintain separate do-not-call registries
• Calling hours — Permitted hours may be narrower than federal rules
• Damages — State statutes may provide higher or different damage amounts
• Private right of action — Most states allow consumers to sue directly

The Compliance Challenge

Organizations making nationwide calls face significant complexity:

• Must identify which state's laws apply to each call
• Apply the most restrictive applicable rules
• Track changing regulations across all states
• Train staff on multi-state requirements
• Document compliance with each state's specific mandates

California

California has among the most stringent telecom regulations in the nation, and its large population means significant exposure for non-compliance.

Key California Laws

• California Consumer Protection Act (CCPA/CPRA) — Broad privacy rights affecting telemarketing
• California Invasion of Privacy Act (CIPA) — Recording and call monitoring restrictions
• Business & Professions Code 17200 (UCL) — Unfair competition claims for telecom violations
• Civil Code 1770 (CLRA) — Consumer protection covering deceptive telemarketing

California-Specific Requirements

Requirement	Details
Consent Recording	All-party consent required; must obtain permission before recording
Autodialer Definition	Broader than federal; includes equipment with capacity to dial stored lists
Private Right of Action	Strong; CIPA violations $5,000 per violation
AG Enforcement	Active enforcement by California AG

Florida

Florida has emerged as a hotbed for telecom litigation, with aggressive plaintiff's attorneys and consumer-friendly courts.

Florida Telephone Solicitation Act (FTSA)

The FTSA, significantly amended in 2021, creates one of the most plaintiff-friendly frameworks:

• Broad ATDS definition — Any system with capacity to dial or text without human intervention
• Texting specifically covered — Text messages explicitly regulated
• $500 per violation — Statutory damages per call or text
• $1,500 for willful — Treble damages for knowing violations
• No established business relationship exception — Stricter than federal law

Florida DNC Requirements

• Florida maintains a state DNC list
• Must check both state and federal lists
• 24-hour opt-out processing required (vs. 30 days federal)
• Certain industries (insurance, real estate) have additional restrictions

Washington

Washington State's laws provide strong consumer protections with significant private remedies.

Washington Automatic Dialing and Announcing Device Act

• Covers calls made with automatic dialing devices
• Requires clear identification of caller and purpose
• Provides for actual damages or $500, whichever is greater
• Attorney's fees available to prevailing plaintiffs

Washington Consumer Protection Act

• Broad unfair practices prohibition
• Can be used alongside specific telecom statutes
• Treble damages available
• Active AG enforcement

Texas

Texas has specific requirements for telemarketing and robocalls, with active enforcement.

Texas Business & Commerce Code

• Governs telephonic sales and robocalls
• Requires registration for certain telemarketers
• Prohibits calls to Texas DNC registry numbers
• Limits calling hours (noon to 9 PM weekdays)

Texas Privacy Act (2024)

• New comprehensive privacy law
• Affects consent and data use for telemarketing
• Requires transparency in data practices

New York

New York has layered telecom regulations with both state and city requirements.

New York General Business Law

• Article 29-A governs telephone solicitation
• Requires caller identification
• Mandates DNC compliance
• Calling hours: 8 AM to 9 PM

NYC Consumer Protection Law

• Additional requirements for calls to NYC residents
• Enhanced disclosure requirements
• NYC Department of Consumer Affairs enforcement

Other Notable States

Illinois

• BIPA (Biometric Information Privacy Act) — Affects voice recordings
• Automatic telephone dialing restrictions
• Strong private right of action
• $500-$5,000 per violation depending on intent

Georgia

• Georgia Telephone Solicitation Act
• Maintains state DNC list
• Calling hours 8 AM to 9 PM
• Specific disclosure requirements

Pennsylvania

• Telemarketer Registration Act
• Bond requirements for telemarketers
• State DNC registry
• Script approval requirements for certain calls

Oklahoma

• Broad ATDS definition
• Covers calls and texts
• $500 per violation
• Growing litigation activity

Michigan

• Michigan Telecommunications Act
• Recording consent requirements
• State DNC list
• Specific charity calling rules

State Do-Not-Call Lists

Several states maintain their own DNC registries separate from the federal National DNC Registry:

State	State DNC List	Key Differences from Federal
Colorado	Yes	Separate registration and fees
Florida	Yes	More frequent update requirements
Indiana	Yes	State-specific exemptions
Louisiana	Yes	Unique industry restrictions
Missouri	Yes	Additional penalties
Pennsylvania	Yes	Registration requirements
Texas	Yes	Industry-specific rules
Wisconsin	Yes	Stricter exemption limits

State "Mini-TCPA" Laws

Several states have enacted their own versions of the TCPA, often with broader protections:

Common Features of Mini-TCPAs

• Broader ATDS definitions — Not limited by Duguid decision
• Express coverage of texts — SMS explicitly regulated
• Higher damages — Some exceed federal $500/$1,500 amounts
• Fewer exemptions — May not recognize EBR exception
• Private right of action — Allow consumer lawsuits

States with Mini-TCPAs

• Florida (FTSA)
• Oklahoma
• Washington
• Maryland
• Others continue to enact similar laws

Multi-State Compliance Strategy

Identify Applicable Laws

Determining which state's laws apply requires knowing:

• Recipient location — Where the called party is located
• Caller location — Some laws apply based on where calls originate
• Phone number origin — Area code may indicate state (though not always accurate)

Use Phone Intelligence Data

LRN and carrier data can help identify recipient locations:

# Determine applicable state regulations
def get_applicable_regulations(phone_number):
    lookup = lrn_api.lookup(phone_number)

    # Get rate center state
    rate_center_state = lookup.get('rate_center', {}).get('state')

    # Get regulations for that state
    state_regs = state_regulation_database.get(rate_center_state)

    return {
        'phone_number': phone_number,
        'state': rate_center_state,
        'regulations': state_regs,
        'has_state_dnc': state_regs.get('state_dnc_required', False),
        'calling_hours': state_regs.get('calling_hours'),
        'atds_definition': state_regs.get('atds_definition')
    }

Apply Most Restrictive Rules

When in doubt, apply the most restrictive requirements:

• Use narrowest calling hours (typically 9 AM - 8 PM)
• Assume broad ATDS definition applies
• Honor all DNC lists (federal and state)
• Get highest level of consent
• Process opt-outs immediately

Documentation Requirements

Maintain records that demonstrate state-specific compliance:

• State DNC scrub records with dates
• Time zone and calling hour verification
• State-specific consent language used
• Geographic determination methodology
• Training records on state requirements

State Enforcement Landscape

Attorney General Actions

State AGs are increasingly active in telecom enforcement:

• Multi-state AG coalitions pursue large robocallers
• Significant penalties in settlements and judgments
• Focus on elder fraud and healthcare scams
• Coordination with FCC and FTC

Private Litigation

Private lawsuits remain a major enforcement mechanism:

• Class actions in plaintiff-friendly jurisdictions
• Serial plaintiffs targeting specific industries
• Forum shopping to states with favorable laws
• Growing plaintiff's bar specialization

Litigation Hotspots

Some states see disproportionate litigation activity:

State	Litigation Level	Primary Reason
Florida	Very High	FTSA, plaintiff-friendly courts
California	Very High	Large population, strong laws
Illinois	High	BIPA, strong consumer laws
New York	High	Large population, active bar
Texas	Moderate	Growing activity

Industry-Specific State Requirements

Healthcare

• Many states have specific healthcare calling rules
• HIPAA interaction with state privacy laws
• Pharmaceutical marketing restrictions
• Medicare/Medicaid program requirements

Financial Services

• State banking and insurance calling rules
• Debt collection specific restrictions
• Mortgage and lending communication rules
• Securities marketing limitations

Insurance

• Many states require insurance caller licensing
• Script approval requirements
• Specific disclosure mandates
• Lead generation restrictions

State Compliance Best Practices

1. Map your calling footprint — Know which states you're calling into
2. Create state-specific policies — Document requirements for each state
3. Use phone intelligence — Leverage data to identify recipient locations
4. Monitor legislative changes — States frequently update telecom laws
5. Train on state differences — Ensure staff understand key variations
6. Apply conservative standards — When uncertain, use most restrictive rules
7. Maintain state-specific records — Document compliance with each state's requirements
8. Consult local counsel — Get state-specific legal advice for complex situations

Frequently Asked Questions

Which state's law applies — where I'm calling from or where the recipient is?

Generally, both may apply. Most state telecom laws apply when the recipient is in that state, regardless of where the call originates. Some states also apply their laws to calls originating from within the state. The safest approach is to comply with both the originating state's laws and the recipient's state's laws. When there's a conflict, apply the more restrictive rule.

Do I need to check every state's DNC list?

If you're calling into states that maintain their own DNC lists, you need to check those lists in addition to the federal National DNC Registry. About a dozen states have their own lists. Each has its own access procedures and fees. Many telemarketing compliance services aggregate these lists for easier checking.

How do I know what state a phone number is in?

Area codes aren't reliable indicators since people keep their numbers when they move. The most accurate method is using LRN data, which shows the rate center where a number is registered. While this doesn't tell you where the person physically is, it provides the best available approximation for regulatory compliance purposes.

What are the strictest state calling hours?

While federal rules allow 8 AM to 9 PM local time, some states are stricter. Texas limits calls to noon to 9 PM on weekdays. Other states have specific weekend restrictions. The safest nationwide window is approximately 10 AM to 8 PM local time, but always check specific state requirements for the states you're calling into.

Can state laws be stricter than federal TCPA after the Duguid decision?

Yes. The Supreme Court's Duguid decision narrowed the federal ATDS definition, but state laws are not bound by that interpretation. Many states have their own autodialer definitions that remain broader than the post-Duguid federal definition. Florida's FTSA, for example, covers any equipment that can dial or text without human intervention, regardless of how numbers are generated.