The “Stop the Spam Calls Act of 2023″ took effect on January 1, 2024, with the primary goal of curbing the proliferation of unwanted robocalls and ensuring consumer protection. This significant legislation represents a proactive stance by the Maryland General Assembly to safeguard consumers from intrusive, obnoxious, and often fraudulent telephone solicitations.
Telemarketing Laws: Stop the Spam Calls Act 2023-2024
The Act prohibits various forms of telephone solicitation without prior express written consent. Key elements include:
- Prohibition of Automated Calls: The Act strictly forbids the use of automated systems for selecting or dialing telephone numbers unless the recipient has given prior express written consent. This encompasses not just traditional phone calls but also text messages.
- Restrictions on Pre-Recorded Messages: Pre-recorded voicemail messages are prohibited unless explicit written consent has been obtained from the recipient.
- Caller Identification Requirements: Callers must transmit their originating telephone number and, when available, their name. Using technology to deliberately display a different caller ID number to conceal the caller’s identity is explicitly banned.
- Time Restrictions: Solicitations can only be made between 8 AM and 8 PM in the recipient’s time zone.
- Call Frequency Limits: The Act limits telephone solicitations to no more than three calls to the same party on the same subject matter within 24 hours.
- Exemptions: Certain calls, including isolated transactions, calls made for non-commercial purposes by registered nonprofits, business-to-business sales, and calls made under an existing business relationship, provided they are initially informational, are exempt.
The Act is enforceable under the Maryland Consumer Protection Act, which allows for civil penalties of up to $10,000 per violation ($25,000 for repeat violations) and criminal penalties, including fines and imprisonment. This dual enforcement mechanism empowers the state and individuals to take legal action against violators.
Updates with Maryland House Bill 1228 – Enhancing Consumer Protections
In late April 2024, further updates to the Act were introduced through HB 1228. This legislation refined and expanded the provisions of the original Act to address evolving challenges and improve enforcement capabilities.
Key Enhancements in HB 1228:
- Expanded Definition of Telephone Solicitations: The new bill clarifies and broadens the definition of “telephone solicitations” to ensure more comprehensive coverage, including managing or directing solicitation activities.
- Increased Consumer Remedies: HB 1228 strengthens the ability of aggrieved parties to seek redress. It authorizes individuals to take action to enjoin further violations and recover damages more efficiently.
- Stricter Consent Requirements: The bill aligns with federal regulations by refining what constitutes “prior express written consent,” ensuring clearer and more explicit consumer agreements.
- Enhanced Penalties: The updates increase penalties for violations, emphasizing the state’s commitment to stringent enforcement and deterrence.
HB 1228 builds upon the original Stop the Spam Calls Act by addressing gaps and reinforcing consumer rights and protections against invasive telemarketing practices.
Do You Experience Spam Calls?
Spam calls, especially robocalls, can be more than just a nuisance-they can be a vehicle for fraud. If you are frequently receiving unsolicited calls, it’s crucial to understand your rights and the legal protections available. You may be entitled to take legal action if you receive repeated spam calls soliciting businesses or services without your prior express written consent. These calls are regulated under the Stop the Spam Calls Act and its updates, which impose strict rules on telemarketers.
If you explicitly request a business to stop calling but it continues to do so, it is likely violating Maryland’s robust consumer protection laws.
Contact Us for Assistance with the New Telemarketing Laws
If you’re experiencing persistent spam calls and need help, our consumer protection lawyers are here to assist. We can help you understand your rights, gather evidence, and pursue action against violators.
Don’t let spam calls disrupt your life. Contact us today for a consultation and take the first step towards reclaiming your peace of mind.