Maryland Senate Bill SB90

Maryland 2023 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23
• Report Pass: 3/15/23
• Engrossed: 3/17/23
• Refer: 3/20/23
• Report Pass: 4/3/23
• Enrolled: 4/7/23
• Chaptered: 5/3/23
• Passed: 5/3/23

Caption

Commercial Law - Consumer Protection - Telephone Solicitation (Stop the Spam Calls Act of 2023)

Impact

The introduction of SB90 will affect provisions of the Maryland Commercial Law regarding unfair trade practices by incorporating violations of telephone solicitation rules into the Maryland Consumer Protection Act. It establishes harsher penalties for companies that fail to comply with the new guidelines, effectively making non-compliance an unfair, abusive, or deceptive trade practice. This legislative measure aims to give residents greater control over unwanted telemarketing calls, thereby enhancing consumer rights and privacy.

Summary

Senate Bill 90, also known as the Stop the Spam Calls Act of 2023, aims to enhance consumer protection in Maryland by regulating telephone solicitations. The bill prohibits specific practices around telemarketing calls, including making unsolicited calls without prior express written consent from the called party. It establishes clear guidelines for when and how such calls can occur, including restrictions on the hours they may be made, and the number of times a caller can contact an individual about the same subject matter in a short period. The law intends to minimize unwanted and intrusive telemarketing calls, often seen as a nuisance by consumers.

Sentiment

The sentiment surrounding SB90 appears to be largely positive among consumer advocacy groups, who view the bill as an important step toward protecting consumers from aggressive telemarketing tactics. However, business groups have expressed concerns that overly rigorous restrictions could stifle legitimate solicitation efforts and harm businesses that rely on telemarketing. Overall, the debate highlights the ongoing tension between enhancing consumer protections and accommodating the interests of businesses engaged in legal, ethical marketing practices.

Contention

While the framework established by SB90 is mainly praised for its consumer protections, there are notable points of contention regarding the balance of regulation. Critics argue that the bill could lead to unintended consequences, such as hindering small businesses' ability to reach potential customers through legitimate calls. Additionally, ensuring compliance and monitoring violations may increase regulatory burdens on telemarketing firms. The balance between protecting consumer rights and ensuring business viability remains a critical area of discussion.