State Regulations for Travel Call Marketing
Managing Multi-State Call Compliance
State regulations governing pay per call marketers are far too diverse. In addition to federal TCPA/FTC rules, states will enforce their own regulations. Florida requires express written consent for all commercial calls made to residents, with no established business relationship exemption. Spoofing of caller ID is prohibited in Oklahoma, while many other states only prohibit malicious spoofing. Seven states include limits to the number and frequency of calls (e.g., often 3 attempts in 24 hours): Indiana, Louisiana, and 5 others. Certain states have specified disclaimers that must be said during telemarketing solicitations: Texas requires debt relief callers to state: “This is an attempt to collect a debt.” The Updated Consumer Protection Act of Washington imposes treble damages regarding illegal telemarketing. All of these discrepancies add to compliance intricacies when campaigns are targeted across many states or nationwide.
Key Variations Across Jurisdictions
To operate in compliance with state regulations, the pay per call must have geographic call routing with dynamic rule application. The systems have to identify the caller location through area code/prefix analysis or IP geolocation for self originated calls and then apply the respective regulations. There should be unique DNC lists for states with special requirements like Pennsylvania’s separate wireless DNC registry. The more advanced compliance programs include frequent audits of state laws since telemarketing laws change often 2023 alone saw call laws changed in 14 states. When circumstances allow, require the strictest of requirements across all campaigns, since variations in requirements by state increase complexity and risk from an operational standpoint. Every effort made toward compliance must be documented, as state AGs are now beginning to work together when furtherance of enforcement actions against interstate calling operations.
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