GLOSSARY OF TERMS

Mini-TCPA

What is a mini TCPA law?

The question “what is mini-TCPA” refers to state-level consumer protection laws in the United States that are modeled after the federal Telephone Consumer Protection Act (TCPA). These mini-TCPAs establish additional restrictions on telemarketing practices, particularly regarding automated calls and text messages but specific to certain US states.  These state laws have different names but are often grouped together as “mini-TCPA laws” in legal, compliance industry references. 

The TCPA sets nationwide standards for contacting consumers. However, many states have their own mini-TCPAs, which often contain stricter regulations that businesses must follow.

If your business sends marketing text messages or makes outbound calls to consumers in states like Florida, Arizona, and Texas, it is essential to understand and comply with their mini-TCPA regulations. Failure to do so could result in lawsuits and significant penalties.

How Mini-TCPA Laws Differ From the Federal TCPA

While mini-TCPAs have the same goal as federal law—to protect consumers from unwanted calls and messages—they frequently modify certain requirements, either expanding or tightening them.

1. Timeframe Restrictions

Each state defines specific hours during which telemarketing calls or text messages are permitted. Most mini-TCPAs allow communication only between 8:00 a.m. and 9:00 p.m. local time, though exact limits vary.

2. Call and Text Frequency Limits

Some states cap the number of outreach attempts within a 24-hour period. For instance, Florida, Maryland, New Jersey, and Oklahoma limit businesses to three contact attempts per recipient per day.

3. Stricter Penalties and Enforcement

Violations of mini-TCPAs can result in significant fines and even private rights of action, allowing consumers to sue for damages. Penalties range from $500 to $20,000 per violation, excluding legal fees, making non-compliance extremely costly.

Penalties typically vary by state law, but generally range from $500 per call to $1,500 per call for willful or knowing violations. These amounts are separate from civil penalties, which can be significantly higher, reaching $10,000 to $25,000 per violation.

Learn more about the Texas mini TCPA