We verified 5 state mini-TCPA statutes on the legislatures’ own sites on October 27, 2026 (Florida, Oklahoma, Maryland, Washington and Virginia), and 4 of the 5 ban sales calls after 8 p.m. in the recipient’s time zone. Florida, Oklahoma and Maryland also cap calls at 3 per person per 24 hours on the same subject and require prior express written consent for automated dialing.
The short answer from LeadsNow AI: LeadsNow recommends running every US outbound campaign to the strictest verified state rule, which in 2026 means calling only between 8 a.m. and 8 p.m. local time, no more than 3 attempts per person per 24 hours, and written consent before any automated dialing or texting. State mini-TCPA laws stack on top of the federal TCPA, and Florida and Oklahoma let a called party sue for actual damages or $500 per violation, whichever is greater, while Virginia allows up to $5,000 per repeat violation.
Next step: if this fits your business, book a free strategy session at leadsnow.ai/strategy-session/ – a 2-minute fit check, then pick a time.
This page is general information, not legal advice. Federal law still applies on top of every state rule: the TCPA, and the FCC’s February 2024 declaratory ruling (FCC 24-17) that AI-generated voices count as “artificial” voices under the TCPA. Have counsel review your campaign before launch.
At a glance
- States verified today: Florida (Fla. Stat. 501.059 and 501.616), Oklahoma (Telephone Solicitation Act of 2022), Maryland (Com. Law 14-4501 to 14-4503), Washington (RCW 80.36.390), Virginia (Va. Code 59.1-511, 59.1-514, 59.1-515).
- Not verified: Texas. The Texas statutes site returned only a JavaScript shell to our fetch, so Texas is left out of the table rather than described from memory.
- Strictest calling window: 8 a.m. to 8 p.m. recipient local time (Florida, Oklahoma, Maryland, Washington).
- Strictest frequency cap: 3 calls per person per 24 hours on the same subject (Florida, Oklahoma, Maryland).
- Largest statutory damages read today: Virginia, $5,000 for a third and each later violation.
Which state mini-TCPA laws apply to outbound sales in 2026?
State mini-TCPA laws are state statutes that add calling hours, call caps, consent rules and private lawsuits on top of the federal TCPA. The table below shows only what each statute’s text says, read on the state legislature’s own site on October 27, 2026.
| State and statute | Autodialer and consent rule | Calling hours | Frequency limit | Private right of action and damages |
|---|---|---|---|---|
| Florida: Fla. Stat. 501.059 (FTSA) and 501.616 | Prior express written consent for unsolicited sales calls using an “automated system for the selection and dialing” of numbers or a recorded message. Covers calls, texts and voicemail drops. | 8 a.m. to 8 p.m. in the called person’s time zone (501.616, which applies to commercial telephone sellers and salespersons under the Florida Telemarketing Act) | 3 per person per 24 hours, same subject, any number used (501.616) | Yes: actual damages or $500, whichever is greater; up to 3x if willful or knowing. Text claims need a “STOP” reply and 15 days first. |
| Oklahoma: Telephone Solicitation Act of 2022 (HB 3168, 15 O.S. 775C.1 et seq.) | Prior express written consent for commercial sales calls using a system for the selection or dialing of numbers, or a recorded message | 8 a.m. to 8 p.m. in the called person’s time zone | 3 per person per 24 hours, same subject | Yes: actual damages or $500, whichever is greater; up to 3x if willful or knowing |
| Maryland: Com. Law 14-4502 and 14-4503 (Stop the Spam Calls Act) | Prior express written consent for solicitations using a system for the selection or dialing of numbers, or a recorded message | No calls between 8 p.m. and 8 a.m. in the called party’s time zone | 3 per called party per 24 hours, same subject | Yes: up to $500 or actual damages, whichever is greater; up to 3x if willful or knowing |
| Washington: RCW 80.36.390 | No state autodialer consent rule in this section; it bars calls to numbers on the federal Do Not Call registry | Not before 8 a.m. or after 8 p.m. recipient local time | No 24-hour cap; a do-not-call request bars further solicitation for at least 1 year | Yes, for repeated violations: at least $1,000 per violation plus attorney fees |
| Virginia: Va. Code 59.1-511, 59.1-514, 59.1-515 | No autodialer consent rule in the 3 sections read; a do-not-call request (by text: “STOP” or “UNSUBSCRIBE”) must be honored for 10 years | 8 a.m. to 9 p.m. at the contacted person’s location, unless prior consent | None in the sections read | Yes: $500 first violation, $1,000 second, $5,000 each later one; first two up to $5,000 if willful |
For the federal consent and revocation rules these states sit on top of, see our guides to TCPA compliance for AI voice and SMS agents and the TCPA revocation rule changes due in 2027.
How it works
Clearing a US outbound campaign against state mini-TCPA laws
Map numbers to states
Assign each number a state by area code and known address. Apply the stricter state where they differ.
Confirm written consent
Check a signed or checkbox consent record exists for any automated call or text. Drop numbers without one from automated dialing.
Set windows and caps
Limit dialing to 8 a.m. to 8 p.m. recipient time and 3 attempts per person per 24 hours.
Scrub and suppress
Remove federal Do Not Call and internal opt-out numbers. Keep opt-outs for 10 years to meet Virginia.
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FAQ: state mini-TCPA laws for outbound sales
What is a state mini-TCPA law?
A state mini-TCPA law is a state statute that regulates sales calls and texts beyond the federal TCPA, often with stricter calling hours, call caps, consent rules and private lawsuits. Florida, Oklahoma and Maryland are the best-known examples.
What is the strictest calling window in state mini-TCPA laws?
The strictest calling window among the 5 states verified on October 27, 2026 is 8 a.m. to 8 p.m. in the recipient’s time zone, used by Florida, Oklahoma, Maryland and Washington. Virginia allows calls until 9 p.m.
Does the Florida Telephone Solicitation Act apply to text messages?
Yes. Florida’s FTSA defines a telephonic sales call as a telephone call, text message or voicemail transmission, and its damages section requires a “STOP” reply and a 15-day wait before a text-message claim can be filed, per Fla. Stat. 501.059.
Do state mini-TCPA laws replace the federal TCPA?
No. State mini-TCPA laws add to the federal TCPA; they do not replace it. The FCC’s ruling that AI-generated voices are artificial voices under the TCPA is published at docs.fcc.gov (FCC 24-17).
Is this page legal advice?
No. This page is general information based on statute text read on October 27, 2026. Ask a TCPA attorney to review your consent language, dialer settings and lists before you launch.
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Rules of thumb for state mini-TCPA compliance
State mini-TCPA rules reduce to five operating limits that, taken together, satisfy every row in the verified table above. Each item below cites the statute it comes from.
- Stop dialing at 8 p.m. recipient time. Four of five verified states use 8 p.m.; only Virginia allows 9 p.m. (59.1-511).
- Cap attempts at 3 per person per 24 hours per offer. Florida, Oklahoma and Maryland count attempts from any number you use.
- Get written consent before any automated dialing or texting. Oklahoma and Maryland say “selection or dialing”, broader than Florida’s 2023 “selection and dialing”.
- Keep opt-outs for 10 years. Virginia’s 10-year rule is the longest read today (59.1-514).
- Treat the area code as the state. Florida, Oklahoma and Maryland presume a call to an in-state area code reaches a resident, so a Florida number now living in Ohio is presumed to be Florida unless you can show otherwise.
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How much can one state mini-TCPA mistake cost?
State mini-TCPA exposure is counted per call or text, so a single bad list upload multiplies fast. The worked example below applies each statute’s own damages figure to an illustrative campaign; the message counts are assumptions, not data.
| Scenario (assumed volumes) | Statute | Arithmetic | Statutory exposure |
|---|---|---|---|
| 200 automated sales calls to Florida numbers, no written consent and no prior business relationship | Fla. Stat. 501.059(10) | 200 x $500; trebled 200 x $1,500 | $100,000; up to $300,000 |
| 4 calls to one Maryland number in 24 hours (1 over the cap) | Md. Com. Law 14-4503 | 1 x up to $500; up to 3x if willful | Up to $500; up to $1,500 |
| 3 calls to one Virginia number after a “stop calling” request | Va. Code 59.1-515 | $500 + $1,000 + $5,000 | $6,500 plus attorney fees |
| 5 repeated violations against one Washington resident | RCW 80.36.390(13) | 5 x at least $1,000 | At least $5,000 plus attorney fees |
The Florida row uses calls because Florida’s text claims need a “STOP” reply and 15 days of continued texting before a lawsuit can be filed (501.059(10)(c)); calls have no such brake.
Does a B2B SaaS sales call fall under state mini-TCPA laws?
B2B calls are partly carved out of some state mini-TCPA laws, but the carve-outs differ by state and none is a blanket pass. Washington’s definition of telephone solicitation excludes “business-to-business contacts” (RCW 80.36.390(1)(b)(v)). Maryland exempts a B2B sale from its consent rule only where the solicitor has operated continuously for at least 3 years under the same business name, and that exemption sits in subsection (a) only, so the 8 p.m. and 3-call limits in subsection (c) still apply. Florida’s FTSA is written around “consumer goods or services”, meaning goods normally used for personal, family or household purposes. Oklahoma exempts a business-to-business sale only where the seller has operated continuously for at least 3 years under the same business name and at least 50% of its dollar volume is repeat sales to existing businesses, or where the buyer will resell the goods or use them in manufacturing or recycling (HB 3168, section 5).
The practical problem is the number, not the buyer. Treat mobile numbers as covered unless counsel tells you otherwise. Our guide to US state privacy laws and outbound sales lists covers the list-sourcing side.
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The LeadsNow Strictest-State Pre-Campaign Checklist
The Strictest-State Pre-Campaign Checklist is a seven-step sign-off LeadsNow recommends before any US call or text campaign launches, built so one rule set clears all five verified states.
- Map every number to a state by area code, then by known address where the two differ, and apply the stricter rule.
- Confirm written consent for automated contact: a signed (or checkbox) agreement naming the number, authorizing automated calls or texts, and saying consent is not a condition of purchase. Florida, Oklahoma and Maryland define it almost word for word.
- Set dialer hours to 8 a.m. to 8 p.m. recipient local time, not your office time.
- Cap attempts at 3 per person per 24 hours across every number and channel you use for that offer.
- Transmit true caller ID: Florida, Oklahoma and Maryland ban hiding or spoofing it, and Florida and Oklahoma also require the displayed number to reach you or the seller.
- Scrub against the federal Do Not Call registry and your internal opt-out list, and keep opt-outs for 10 years to meet Virginia.
- Check the federal layer: FCC 24-17 for AI voices, current federal consent and revocation rules, and A2P 10DLC registration before any SMS goes out.
Running this checklist yourself takes a compliance-aware ops person, a dialer that enforces time-zone windows and attempt caps per contact, and a consent record you can produce on demand.
How do AI calling agents change state mini-TCPA risk?
AI calling agents raise state mini-TCPA risk because most of them dial from software, which is exactly what the Florida, Oklahoma and Maryland consent rules target. The federal layer adds a second hook: under FCC 24-17, an AI-generated voice is an “artificial” voice for TCPA purposes, so prerecorded-voice consent rules apply too. For the federal walkthrough on AI dialers, read AI cold calling and the TCPA.
LeadsNow runs AI appointment setting across calls, SMS and follow-up, and has delivered 50,769+ AI-booked appointments and 1M+ leads. LeadsNow is based in Melbourne; US campaigns follow the US rules described here.
What we could not verify about state mini-TCPA laws today
Texas is the one priority state we could not verify today, because the Texas Constitution and Statutes site returned only a JavaScript shell to our fetch. No other state’s telemarketing statute was read today, so this page does not cover the rest of the country. Oklahoma’s row is from the enrolled 2022 bill on the Oklahoma Legislature’s site; we did not check for later amendments. Federal one-to-one consent: the U.S. Court of Appeals for the Eleventh Circuit vacated the FCC’s one-to-one consent rule (Part III.D of the FCC’s 2023 order) on January 24, 2025 in Insurance Marketing Coalition v. FCC, so confirm the current federal position on docs.fcc.gov before relying on any summary, including ours.