Law / United States / 
Maryland
Maryland prerecorded-message dialing and caller number blocking rules
Md. Code Ann., Pub. Util. §§ 8-204 to 8-205
In force.
A telephone contact rule binding private bodies.
- Enforcement body
- Criminal prosecution by the State.
- Obligation class
- Consent, Prohibition
What it requires
- Do not use an automated dialing, push-button, or tone-activated system with a prerecorded message to solicit a purchase, lease, or rental, offer a gift or prize, conduct a poll, or request survey information used to solicit purchases, unless you have a preexisting business relationship with, or the consent of, the person called.NIST Privacy FrameworkCT.PO-P1
- Disconnect the prerecorded message machine from the recipient's line within 5 seconds after either party ends the call.no control in the NIST Privacy Framework
- If your telephone service or equipment lets you choose whether to display your number, do not block or otherwise prevent its transmission to the person you are soliciting.NIST Privacy FrameworkCM.AW-P1
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
A violation of either section is a misdemeanor; on conviction the fine is up to $1,000 for a first offense and up to $5,000 for each subsequent offense.
What this law does
A person may not use an automated dialing, push-button, or tone-activated address signaling system with a prerecorded message to solicit the purchase, lease, or rental of goods or services, offer a gift or prize, conduct a poll, or request survey information that will be used directly to solicit purchases.
The prohibition does not apply to a person who has a preexisting business relationship with, or the consent of, the person called, or to a government unit using such a machine for emergency purposes. The sender of such a call must disconnect the prerecorded message machine from the recipient's line within 5 seconds after either party ends the call.
Separately, a person engaged in telephone solicitation whose service or equipment lets it choose to restrict or display its number may not intentionally block, or otherwise act to prevent or control, the transmission of its telephone number to the recipient. A violation of either section is a misdemeanor punishable on conviction by a fine of up to $1,000 for a first offense and up to $5,000 for each subsequent offense; neither section provides a private civil action.
The Stop the Spam Calls Act of 2023 states that it does not preclude these sections from applying to a telephone solicitation it also covers. The sections this entry groups came into force on different days.
When LexLint raises it
When your app profile says your app places automated calls.
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