Several states have passed their own telephone solicitation acts that define the triggering equipment more broadly than the post-Duguid federal TCPA does, carry their own statutory damages and give consumers a private right of action. Florida, Oklahoma and Washington are the ones that changed national dialling practice, and a business-to-business exemption exists in some of them but is narrower than brokers assume.
After the Supreme Court narrowed what counts as an autodialler under federal law, several states legislated to restore a broader definition. The practical effect is that compliance is no longer one federal standard — it is a federal floor with state ceilings on top of it.
| What state laws add | Why it matters |
|---|---|
| A broader equipment definition | Systems that are not federal autodiallers can still be covered |
| Their own statutory damages | A second exposure on the same call |
| Private rights of action | Individuals sue directly, not just regulators |
| Tighter calling windows | A dialler set to federal hours can still be late |
| Rules specific to texts | SMS treated separately from voice |
A national floor has two options: geo-fence the dialler by state and maintain a rule set per state, or operate everywhere at the standard of the strictest state you call into. The second is simpler, cheaper to maintain and far harder to get wrong, and the cost is a slightly narrower calling window.
A state telephone solicitation act that adds to federal law — usually with a broader definition of the covered equipment, its own statutory damages, and a private right of action for individuals.
Florida, Oklahoma and Washington are the ones that changed national practice, with broad equipment definitions and private rights of action. The list has grown each year, so it is worth reviewing periodically rather than learning once.
Some do, narrowly. The carve-outs are drafted tightly enough that relying on one without advice is a bet — especially when the number is a sole proprietor’s personal mobile, which is common in this market.
Either geo-fence the dialler by the merchant’s state, or operate everywhere at the standard of the strictest state you call into. The second is simpler and much harder to get wrong.
Several treat texts explicitly and some apply different windows to them. Treat SMS as its own channel with its own consent rather than assuming voice consent carries over.
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