Guides · Compliance · For businesses that call or text consumers in several states
Mini-TCPA laws by state (2026): consent, registration and private lawsuits
By the Lead Friendly team · Published October 8, 2026 · Updated October 8, 2026
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Short answer: A mini-TCPA is a state law that adds its own consent, texting, registration or lawsuit rules on top of the federal TCPA. The strictest are Florida, Oklahoma and Maryland, which require prior express written consent for automated marketing calls and texts and let consumers sue for $500 per violation, up to $1,500 if willful. Connecticut requires written consent for nearly every sales call. Texas and Oregon brought texts under their laws in 2025 and 2026, Pennsylvania does from October 18, 2026, and several states make telemarketers register or post a bond.
What a mini-TCPA adds to federal law
The federal Telephone Consumer Protection Act sets the national floor for marketing calls and texts: calling hours, the National Do Not Call Registry, and written consent for artificial-voice and autodialed marketing. State laws can go further. The ones called mini-TCPAs usually do one or more of four things: widen what counts as an autodialer, require written consent for more kinds of calls, bring text messages in explicitly, or give consumers their own right to sue with statutory damages.
These laws are written to protect people in the state, so a business elsewhere should expect them to apply when it calls or texts a number there; several also reach numbers with an in-state area code. Calling-hour limits are covered in a separate guide; this one covers consent, registration and lawsuits.
Last verified October 8, 2026 against the statute text and state agency pages linked in the sources. State telemarketing laws change often; confirm the current rule for each state you call. This is general information, not legal advice.
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Consent rules and private lawsuits by state
| State | Statute | Texts covered | Consent rule | Private lawsuit |
|---|---|---|---|---|
| Florida | Fla. Stat. §501.059 (FTSA) | Yes | Written consent for automated selection-and-dialing systems or recorded messages | $500 per violation, up to $1,500 if willful; text claims need a STOP reply and a 15-day cure period first |
| Oklahoma | 15 O.S. §775C (2022) | Yes | Written consent for automated selection-or-dialing systems or recorded messages; 3 calls in 24h per subject | $500 per violation, up to $1,500 if willful |
| Maryland | Com. Law §14-4501 et seq. | Yes | Written consent for automated selection-or-dialing systems or recorded messages; 3 calls in 24h per subject | $500 per violation, up to $1,500 if willful; waivers are void |
| Connecticut | Gen. Stat. §42-288a | Yes | No telephonic sales call without prior express written consent, except existing customers | Unfair trade practice under CUTPA; a private suit needs an actual loss |
| Virginia | Va. Code §59.1-510 et seq. | Yes | Text STOP requests must be honored for 10 years | $500 first violation, $1,000 second, $5,000 each later one |
| Missouri | RSMo 407.1095–407.1107 | Yes (SMS and MMS) | Permission or a business contact within 180 days takes the call outside the law | Up to $5,000 per knowing violation after more than one call in 12 months |
| Texas | Bus. & Com. Code chs. 302, 304, 305 | Yes, since Sept 1, 2025 | No general written-consent rule | Violations of chs. 304 and 305 are deceptive trade practices, open to private suits |
| Pennsylvania | 73 P.S. §2241 et seq. (Act 47 of 2026) | Yes, from Oct 18, 2026 | Written consent for robocalls; listed opt-out words (STOP, QUIT, END and others) must work | Enforced as an unfair trade practice |
| Oregon | ORS 646.561–646.569 (HB 3865) | Yes, since Jan 1, 2026 | Honor "don't call or text" requests; 3 in 24h unless an existing relationship | $200 or actual damages; requires an ascertainable loss |
| Washington | RCW 80.36.390; RCW 19.190 | Texts under CEMA | Commercial texts need clear consent given in advance | Texts: $100 per message for suits filed since June 11, 2026 (was $500) |
Registration, bonds and state do-not-call lists
| State | Who registers | Fee or bond | Own do-not-call list |
|---|---|---|---|
| Florida | Commercial telephone sellers, licensed by the Department of Agriculture and Consumer Services | $1,500 license fee; $50,000 bond, letter of credit or CD | Yes |
| Texas | Telephone solicitors, one certificate per calling location from the Secretary of State | $200 fee; $10,000 security | Yes |
| Pennsylvania | Telemarketers, registered with the Attorney General | $50,000 surety bond | Yes |
| Oregon | Telephone solicitors, registered with the Department of Justice | $400 per year | Yes, or the federal registry |
| Washington | Commercial telephone solicitors, registered with the Department of Licensing | Set by the department | No; the federal registry is enforced |
| New Jersey | Telemarketers, annual registration | Set by rule, by calling capacity | Yes, built from the federal registry |
| Indiana | Telephone solicitors | $50 fee | Yes, updated quarterly |
| Missouri | No registration | None | Yes, run by the Attorney General |
The Texas Secretary of State says sellers who text only with consent need not register for now, following Ecommerce Marketers Alliance v. Texas (W.D. Tex. 2025). Calls still need a certificate.
What changed in 2025 and 2026
- Texas SB 140 (September 1, 2025): text and image messages became telephone solicitations, and violations of the no-call and solicitation chapters became deceptive trade practices that consumers can sue over.
- Oregon HB 3865 (January 1, 2026): texts count as calls, the window ends at 8pm, and the 3-in-24-hours cap applies unless the business has an existing relationship.
- Virginia (2025 amendments): a STOP or UNSUBSCRIBE reply to a text must be honored for 10 years.
- Washington ESHB 2274 (June 11, 2026): damages for unwanted commercial texts under CEMA fell from $500 to $100 per message, for any suit filed after that date.
- Pennsylvania Act 47 of 2026 (signed July 20, effective 90 days later, October 18, 2026 by most counts): texts and ringless voicemail covered, written consent for robocalls, 9am–7pm with no Sunday solicitation, and liability for anyone who causes a solicitation.
Florida's FTSA after the 2023 amendment
The Florida Telephone Solicitation Act covers calls, texts and voicemails. Its 2023 amendment (HB 761) narrowed the autodialer definition to systems that both select and dial numbers automatically, where Oklahoma and Maryland still say select or dial. The same amendment added a cure step for texts: before suing, the consumer must reply STOP, and the seller then has 15 days to stop texting. A signature for written consent can be a checkbox or a reply text, and the winning party recovers attorney fees.
How to comply across states
- 1
Get written consent by default
Use one consent form that names your business, covers calls and texts, mentions automated or AI voice, and says consent is not a condition of purchase. It meets the Florida, Oklahoma, Maryland and Connecticut rules at once.
- 2
Apply rules by the contact's location
Use the contact's area code and address to decide which state's rules apply, and treat unknown locations under the strictest rule you follow.
- 3
Honor every opt-out word
Treat STOP, QUIT, END, REVOKE, OPT OUT, CANCEL and UNSUBSCRIBE as opt-outs, the list Pennsylvania's 2026 law names, and keep the record. Check that the texting platform you use recognizes each one.
- 4
Register where required
Check registration and bond rules in each state you market to before the first call, including Florida, Texas, Pennsylvania, Oregon, Washington, New Jersey and Indiana.
- 5
Scrub state lists too
Where a state keeps its own do-not-call list, scrub against it as well as the national registry.
How Lead Friendly fits
Lead Friendly applies the federal calling window and stricter state windows and daily caps automatically, in each contact's local time. It checks each contact's do-not-call status before every call and blocks texts and calls to anyone who replied STOP or another standard opt-out keyword, including REVOKE. It does not register your business as a telemarketer in any state and does not scrub uploaded lists against state do-not-call lists; both remain the customer's job, and each organization attests to its do-not-call practices before it can place outbound calls or run marketing automation. This guide is general information, not legal advice.
Frequently asked questions
What is a mini-TCPA law?
A state law that adds its own rules for marketing calls and texts on top of the federal TCPA, such as a broader autodialer definition, written consent for more calls, coverage of texts, telemarketer registration, or a private right to sue. Florida, Oklahoma and Maryland are the best-known examples.
Which states have mini-TCPA laws?
The states most often called mini-TCPA states are Florida, Oklahoma and Maryland, which require written consent for automated calls and texts and give consumers $500 to $1,500 per violation. Connecticut, Virginia, Missouri, Texas, Pennsylvania, Oregon and Washington also have significant telemarketing statutes with their own consent, texting or lawsuit rules.
Do state telemarketing laws apply to text messages?
In most of the states covered here, yes. Florida, Oklahoma, Maryland, Connecticut, Virginia and Missouri cover texts, Texas added them in September 2025 and Oregon in January 2026, and Pennsylvania adds them from October 18, 2026. Washington regulates commercial texts under a separate law, CEMA.
Which state's law applies if my business is in a different state?
Expect the law of the state where the person you call or text is located to apply; these statutes are written to protect people in the state, and several, including Virginia's and Connecticut's, also reach numbers with an in-state area code. Where it is unclear, follow the strictest rule that could apply to the contact.
Do I need to register as a telemarketer to make sales calls?
In some states. Florida requires a license and a $50,000 bond, Texas a certificate and $10,000 security per calling location, Pennsylvania registration and a $50,000 bond, and Oregon a $400 annual registration; Washington, New Jersey and Indiana also require registration. Exemptions differ by state, so check each one. This is general information, not legal advice.
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- Florida Statutes §501.059 (Florida Telephone Solicitation Act) · accessed 2026-10-08License fee and bond: §§501.605 and 501.611 in the same chapter.
- Oklahoma Telephone Solicitation Act of 2022, 15 O.S. §775C · accessed 2026-10-08
- Maryland Commercial Law §14-4502 (Stop the Spam Calls Act) · accessed 2026-10-08
- Connecticut General Statutes chapter 743m, §42-288a · accessed 2026-10-08
- Virginia Telephone Privacy Protection Act, Va. Code §59.1-510 et seq. · accessed 2026-10-08
- Missouri Revised Statutes §407.1107 (no-call) · accessed 2026-10-08
- Texas SB 140, 89th Legislature (enrolled text) · accessed 2026-10-08
- Texas Secretary of State, telephone solicitation registration FAQ · accessed 2026-10-08
- Pennsylvania Telemarketer Registration Act, as amended by Act 47 of 2026 (SB 992) · accessed 2026-10-08
- Oregon Laws 2025, chapter 580 (HB 3865) · accessed 2026-10-08
- Oregon Revised Statutes chapter 646 (ORS 646.553, 646.561–646.569) · accessed 2026-10-08
- Washington ESHB 2274, 2026 session law (CEMA damages), with RCW 80.36.390 and 19.158 · accessed 2026-10-08
- New Jersey Telemarketers / Do Not Call statute, N.J.S.A. 56:8-119 to -135 · accessed 2026-10-08
- Indiana Attorney General, Do Not Call program and IC 24-5-12 · accessed 2026-10-08
This guide is general information, not legal advice. TCPA, FCC, and state rules change and apply differently to each program — consult qualified counsel about your specific use.