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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 |
Set the floor to the strictest state you call
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.
What to do about it operationally
- Store the merchant’s state on the record and route dialling windows off it, not off your own clock.
- Hold the same consent standard everywhere — named party, affirmative act, timestamped record.
- Treat texts as their own channel with their own consent, because several states do.
- Review the list of mini-TCPA states periodically. It has grown every year and it will keep growing.
Questions brokers ask
What is a mini-TCPA law?
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.
Which states have the strictest calling laws?
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.
Do state mini-TCPA laws exempt B2B calls?
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.
How should a national floor handle different state rules?
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.
Do these laws cover text messages?
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.
Alex Makowski
Founder, Infinite Bookings
Runs the lead generation operation behind Infinite Bookings — paid traffic, the funding application, and the delivery pipeline that puts records into brokers’ CRMs.
Reachable directly at alex@infinitebookings.com or 732-609-7182.