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.

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