Compliance and Regulation Review: Federal TCPA, Missouri Telemarketing Laws, and Georgia Telemarketing Laws

Compliance and Regulation Review: Federal TCPA, Missouri Telemarketing Laws, and Georgia Telemarketing Laws

Consumers and businesses operating in the telemarketing space must navigate a layered regulatory framework. The federal Telephone Consumer Protection Act (TCPA) sets the national baseline, while individual states such as Missouri and Georgia impose additional requirements, higher penalties, and private rights of action. Understanding the interplay between these laws is essential for compliance and for consumers seeking to enforce their rights.

Federal Telephone Consumer Protection Act (47 U.S.C. § 227)

Enacted in 1991, the TCPA restricts the use of automatic telephone dialing systems (autodialers), artificial or prerecorded voice messages, and certain telemarketing practices. Key compliance requirements include:

• Consent: Prior express consent is required for many autodialed or prerecorded calls to cell phones. Telemarketing calls and texts generally require prior express written consent.
• National Do Not Call Registry: Telemarketers must scrub calling lists against the National Do Not Call Registry at least every 31 days. Calls to registered numbers without an established business relationship or express consent are prohibited.
• Calling Hours: Telemarketing calls are restricted to 8:00 a.m. to 9:00 p.m. local time at the called party’s location (47 C.F.R. § 64.1200(c)(1)).
• Identification and Disclosures: Callers must promptly identify themselves and the entity on whose behalf the call is made, and provide a working telephone number or address.
• Statutory Damages: A private right of action allows recovery of $500 per violation, which may be trebled to $1,500 if the court finds the violation was willful or knowing (47 U.S.C. § 227(b)(3) and (c)(5)).

Courts continue to refine the scope of the TCPA, including questions about whether text messages constitute “telephone calls” under the Do Not Call private right of action and the precise definition of an autodialer following Supreme Court guidance.

Missouri Telemarketing Laws

Missouri maintains its own robust No-Call framework under the Missouri Telemarketing No-Call List Act (primarily Mo. Rev. Stat. §§ 407.1095–407.1110) and related provisions in the Merchandising Practices Act.

Key Compliance Requirements:

• Telemarketers must obtain and regularly update the Missouri No-Call list (available quarterly from the Missouri Attorney General’s Office for a fee per area code).
• Calls to numbers on the Missouri No-Call list are prohibited except for limited exemptions such as established business relationships or prior express permission.
• Telemarketing calls are limited to 8:00 a.m. to 9:00 p.m. local time.
• Certain abusive practices (repeated or harassing calls, threats, misrepresentations) are independently prohibited.

Penalties and Private Enforcement:

• Civil penalties of up to $5,000 per knowing violation may be sought by the Attorney General.
• A consumer who receives more than one prohibited call within a 12-month period may bring a private action and recover up to $5,000 per violation, plus other relief.
• Missouri law can stack with federal TCPA claims, creating significant potential exposure.

Missouri does not currently impose a general telemarketer registration or bonding requirement for most callers, but strict list-scrubbing and consent rules apply.

Georgia Telemarketing Laws

Georgia regulates telephone solicitations primarily through O.C.G.A. § 46-5-27 (Do Not Call database and solicitation restrictions) and related consumer protection provisions.

Key Compliance Requirements:

• Georgia maintains a state Do Not Call database that incorporates the federal registry.
• Telemarketing calls are generally restricted to 8:00 a.m. to 9:00 p.m.; Sunday solicitations face additional restrictions under state law.
• Callers must identify themselves at the beginning of the call and are prohibited from blocking or circumventing caller identification.
• Recent legislative updates (including changes effective in 2024–2025) strengthened vicarious liability for companies using third-party vendors and adjusted damages frameworks.

Penalties and Private Enforcement:

• The Attorney General may seek civil penalties of up to $2,000 per violation.
• A private right of action exists for consumers who receive more than one prohibited telephone solicitation within a 12-month period from the same entity. Recoverable amounts include actual monetary loss or up to $1,000 per violation (with class-action provisions that can remove certain caps), plus reasonable attorney’s fees and costs.
• Georgia law also allows claims against the entity on whose behalf the solicitations were made, supporting vicarious liability theories.

Comparative Compliance Takeaways

Businesses placing calls into Missouri or Georgia must comply with the stricter of federal or state requirements. Consumers in these states may pursue both federal TCPA claims and state-law claims, potentially recovering higher statutory damages under state law in certain circumstances.

This overview is provided strictly for educational purposes. TeleJustice Academy materials do not constitute legal advice. Laws and court interpretations change, and readers should consult a licensed attorney regarding specific compliance obligations or enforcement options. The complete educational library on federal and state telemarketing rights is available at telejusticepro.com and telejusticeacademy.com.