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Financial Services Law Insights and Observations

Connecticut Broadens Telemarketing Prohibitions

TCPA

Consumer Finance

Recently, Connecticut Governor Dannel Malloy signed SB 209, which makes a number of changes to the restrictions on unsolicited telemarketing contacts with consumers. Under current law, telemarketers are prohibited from making an unsolicited sales call to consumers on the state “Do Not Call” registry unless they receive a consumer's prior written or verbal consent. The bill removes the verbal consent option, requiring telemarketers to obtain prior express written consent before making such calls. In addition to unsolicited calls, the bill also prohibits without prior express written consent unsolicited text or media messages, as well as unsolicited, automatically dialed, recorded telephonic sales calls—i.e. robocalls. Under the bill, a text or media message is a message that contains written, audio, video, or photographic content and is sent electronically to a mobile telephone or electronic device telephone number, but does not include electronic mail. The bill also increases the maximum fine for each violation from $11,000 to $20,000.