Law / United States /
Maryland
Maryland Telephone Consumer Protection Act
Md. Code Ann., Com. Law §§ 14-3201 to 14-3202
In force since .
A telephone contact rule binding private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not violate the federal Telemarketing and Consumer Fraud and Abuse Prevention Act as implemented by the Federal Trade Commission's Telemarketing Sales Rule, or the federal Telephone Consumer Protection Act as implemented by the Federal Communications Commission's telemarketing and telephone solicitation rules; either violation is independently unlawful, and independently actionable, under Maryland law.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Statutory damages
Damages of $500 for each violation or actual damages, whichever is greater, plus reasonable attorney's fees; each prohibited telephone solicitation and each prohibited practice during a telephone solicitation is a separate violation.
- As of
- Currency
- USD
- Per person minimum
- 500
Who enforces it
Enforcement body
An individual's private civil action under Md. Code Ann., Com. Law § 14-3202(b); the Consumer Protection Division of the Office of the Attorney General under Title 13's unfair or deceptive trade practice provisions.
What this law does
A person may not violate the federal Telemarketing and Consumer Fraud and Abuse Prevention Act, as implemented by the Federal Trade Commission's Telemarketing Sales Rule, or the federal Telephone Consumer Protection Act, as implemented by the Federal Communications Commission's telemarketing and telephone solicitation rules.
A violation of either federal law is also an unfair or deceptive trade practice under Title 13 of the Commercial Law Article and is subject to that title's enforcement and penalty provisions. An individual affected by a violation may separately sue to recover reasonable attorney's fees and damages of $500 for each violation or actual damages, whichever is greater, with each prohibited telephone solicitation and each prohibited practice during one treated as its own separate violation.
When LexLint raises it
When your app profile says your app sends automated outreach.