Maryland’s New Telemarketing Law Now in Effect

As of January 1, 2024, the State of Maryland’s new telemarketing law, the “Stop the Spam Calls Act of 2023,” officially became law.

One key provision of the new law creates a prohibition, absent prior express written consent, against “telephone solicitation[s]” that involve “an automated system for the selection or dialing of telephone numbers.” A “telephone solicitation” is defined as “an organized activity, program, or campaign to communicate by telephone with residents of Maryland in order to: (i) sell, lease, or rent goods or services; (ii) attempt to sell, lease, or rent goods or services; (iii) offer or attempt to offer a gift or prize; (iv) conduct or attempt to conduct a poll; or (v) request or attempt to request survey information, if the results of the survey will be used directly to solicit persons to purchase, lease, or rent goods or services.” The term “communicate by telephone” suggests an intent to include both phone calls and text messages within the scope of this definition.