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

As of .

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.
  • Disconnect the prerecorded message machine from the recipient's line within 5 seconds after either party ends the call.
  • 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.

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

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

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.

When LexLint raises it

When your app profile says your app sends automated outreach.

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