State Telemarketing Laws Businesses Should Know for 2026

For many years, compliance teams repeated the same guidance. There were 13 states with their own Do-Not-Call rules that were stricter than the federal Telephone Consumer Protection Act. That is no longer accurate. With just two months left in 2025, Texas has now joined this group. The list of state DNC lists has grown to 14 with additional state telemarketing laws that build on or go beyond what the TCPA requires at the federal level.

If your business plans to make phone calls or send text messages to reach customers or prospects for the remainder of 2025 and throughout 2026 and beyond, these are important changes. These state laws do not simply mirror federal guidelines. Many states have:

Higher penalties than TCPA fines
Larger private right of action opportunities for consumers
Stricter rules around what qualifies as consent
Broader definitions of automated dialing and SMS technologies
Variable opt-out enforcement windows by state
Liability for activity performed by third-party vendors or call centers

This means a company may follow TCPA guidelines correctly and still face state-level violations. And because many violations occur without intention, mistakes are often simple. One number on the wrong list. One outdated contact record. One STOP message not processed immediately. One vendor is ignoring internal opt-outs.

If your outreach processes include cold calling, inbound lead follow-up, appointment confirmations, promotional texts, customer retention workflows, or reactivation campaigns, you may be affected. Below is a current breakdown of the 14 states that have stricter state telemarketing laws you must consider in 2026.

14 States with State Telemarketing Laws

1. Texas – Texas Deceptive Trade Practices Act (DTPA)

Texas now handles telemarketing violations under the Texas Deceptive Trade Practices Act. This is significant because consumers can bring private lawsuits and, in some cases, pursue multiplied damages. Texas also applies a broad interpretation of what counts as an automated system and requires clear, verifiable consent for outreach.

Because this state now offers strong grounds for litigation, outreach teams that contact Texas residents need stronger record-keeping and list management controls. If you make any calls or send any texts to Texas numbers, be careful and check TX DNC. Lawyers love new laws.

2. West Virginia – West Virginia Consumer Credit and Protection Act (WVCCPA)

The West Virginia Consumer Credit and Protection Act allows individuals to file lawsuits over unwanted calls or text messages. Each contact attempt can be counted separately. If your business continues to contact a number after a consumer requests removal, risk increases quickly.

A recent TCPA case shows how this works in practice.

Mey v. Pickleball Showdown, LLC
Filed in the Northern District of West Virginia, plaintiff Diana Mey alleges that she received unsolicited promotional text messages for an event at “Pickleball Harbor.” She claims:

Her number is listed on the National Do Not Call Registry
She replied “STOP” and also emailed the sender requesting removal
Messages allegedly continued after her requests
The texts did not clearly identify the sender or include clear opt-out instructions

She is suing under both the TCPA and the WVCCPA. Under TCPA, she seeks up to 1,500 dollars per violation. Under WVCCPA, she seeks up to 3,000 dollars per violation. This means a short SMS promotional campaign could result in large legal exposure if consent and opt-out handling are not carefully managed.

West Virginia is historically strict, and this recent case reinforces the importance of updated SMS compliance workflows.

3. Arizona – HB 2498

Arizona’s HB 2498 prohibits unsolicited sales calls and text messages to anyone whose number appears on the National Do-Not-Call Registry. The law applies to calls and texts equally. Penalties may reach up to 1,000 dollars per violation. If your outreach strategy uses SMS messaging, pay close attention to list screening here.

4. Connecticut – SB 1058

Connecticut’s SB 1058 requires prior express written consent for any telephonic sales outreach. The law expands the definitions of telemarketer and covered technologies. The penalties are among the highest in the United States. Violations may cost up to 20,000 dollars each. If your consent records are incomplete, unclear, or assumed, Connecticut is a high exposure state.

5. Florida – HB 761 (Florida Telephone Solicitation Act)

Florida’s HB 761 updated the Florida Telephone Solicitation Act. It introduced a 15-day safe harbor period after a consumer opts out of SMS messages. If messages continue after that period, the business may face private action. Florida continues to be a state where many lawsuits originate. Automated opt-out handling is strongly recommended.

6. Georgia – SB 73

Georgia’s SB 73 removes previous limits on damages and allows vicarious liability. This means your business can be held responsible for telemarketing activity performed by your contractors, call centers, or marketing affiliates. If you outsource outreach, you must verify that vendor compliance practices are documented and enforced.

7. Maryland – SB 90 (Stop the Spam Calls Act)

Maryland’s SB 90 requires express written consent for telemarketing and limits phone outreach to three attempts to the same recipient within a 24 hour period. Any violation is treated as an unfair or deceptive practice under the Maryland Consumer Protection Act. This can result in state-level enforcement actions.

8. Mississippi – H.B. 1225

Mississippi’s H.B. 1225 shifted authority for enforcement of the state’s No-Call program to the Attorney General’s Office. This transition increases oversight and enforcement consistency. If your compliance strategy relied on a low enforcement likelihood in Mississippi, that assumption is no longer safe.

9. New Jersey – S921 (The Seinfeld Bill)

New Jersey’s S921 requires telemarketers to identify:

Their name
The company on whose behalf they are calling
The purpose of the call

This must occur within the first 30 seconds of a call. If your agents begin calls with rapport building, casual conversation, or qualification questions, script adjustments are likely required.

10. New York – S.8450-B and S4617

New York enacted two changes that many businesses overlook:

S.8450-B requires companies to offer placement on their internal Do-Not-Call list at the start of a call.
S4617 increases the maximum fine for violating the state DNC list to 20,000 dollars per violation.

If your internal DNC process is manual, incomplete, or handled inconsistently, New York carries higher risk.

11. Oklahoma – HB 3168 (Oklahoma Telephone Solicitation Act)

Oklahoma’s HB 3168 expands the definition of autodialing to include software that selects phone numbers. This means that even systems requiring a human to press a dial button can still be affected. The law also includes time-of-day calling restrictions and call attempt limits.

12. Tennessee – SB 868

Tennessee’s SB 868 extends telemarketing restrictions to text messages. Internal DNC suppression lists must apply to both calls and SMS activities. If your phone outreach lists and SMS outreach lists are maintained separately, alignment is required.

13. Virginia – SB 1339 (Effective January 1, 2026)

SB 1339 in Virginia requires that consumers be able to stop solicitations by replying with simple language such as “Stop” or “Unsubscribe.” Once the request is made, the business must honor it for 10 years. This requirement affects list storage and CRM suppression retention policies.

14. Washington – HB 1051 (Robocall Scam Protection Act)

Washington’s HB 1051 updates definitions of automatic dialing and commercial solicitation. The law includes situations where the outreach seeks to obtain anything of value, not only financial transactions. This closes many previous loopholes used in appointment setting and lead generation calls.

Searchbug’s TCPA Compliance Tools

Compliance is no longer manageable through manual list reviews or spreadsheet cleanup. Automated checks are the safest approach for preventing contact with high-risk numbers before dialing or texting begins. Here are the TCPA Compliance tools of Searchbug that can help you avoid TCPA violations.

1. Phone Validator with DNC Check API

This tool checks numbers against multiple risk indicators in real time. It screens phone numbers for:

National Do-Not-Call Registry
State-level Do-Not-Call lists
DNC Complainers (individuals known for filing complaints)
TCPA Litigators (individuals known for filing lawsuits under TCPA)

If even one of these indicators appears, outreach should be reconsidered. This approach prevents contact with individuals who are statistically more likely to initiate complaints or legal action.

2. Reassigned Numbers Database (RND) API

Consent is not valid if the phone number has changed owners. The Reassigned Numbers Database API checks whether the number is still associated with the person who originally provided consent.

The API provides clear result values:

Result	Meaning	Recommended Action
YES	The number has been reassigned	Do not call. The previous consent no longer applies. Remove from outreach lists.
NO	The number has not been reassigned	Calling may continue if you have documented prior consent.
NO_DATA	Carrier did not provide sufficient data	Use caution. Consider confirming consent or using a different communication method first.

This prevents accidental violations caused by recycled numbers, which are a major source of lawsuits in SMS-based campaigns.

Conclusion

Telemarketing compliance is no longer as simple as checking against the federal TCPA. With 14 states now enforcing their own rules, penalties, consent requirements, and private rights of action, outreach teams need to be more precise and consistent in how they manage phone data and contact workflows. Most violations are not intentional. They happen because of outdated lists, missed opt-outs, or numbers that have been reassigned to new owners.

Screening numbers before calling or texting helps prevent these costly mistakes. The tools are available. If your business makes outbound calls or sends SMS marketing messages, it is worth testing these safeguards for yourself.

Searchbug offers a FREE API Test Account where you can try all TCPA compliance tools, including DNC Check and Reassigned Number checks, at no cost. This allows you to see how the data works in real time and understand how to fit it into your calling workflow.

All you have to do is register for a FREE API Test Account to try the Complete TCPA Compliance Toolkit today. This helps you protect your business while keeping your outreach efficient and compliant.

Updated State Telemarketing Laws Businesses Should Know for 2026 to Avoid TCPA Violation