The governor of Maine recently signed an amendment to the state’s telephone solicitation law that will make it mandatory for telephone solicitors to check against the Federal Communications Commission’s (FCC’s) reassigned number database ​“to verify that a consumer’s telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.” Callers will also be required to demonstrate that they check against the database in order to avail themselves of the state’s existing safe harbor for telemarketing violations. The amendment, which will become effective on July 16, 2024, makes Maine the first state to adopt such a requirement.

While this change is noteworthy, it is important for businesses to remember that Maine’s telephone solicitation statute has a number of exceptions. For example, the law – and thus this new requirement to scrub against the reassigned number database – does not apply to calls made ​“in response to and at the express request of the person called,” and calls ​“to any person with whom the telephone solicitor has an established business relationship” (based on a purchase within the preceding 18 months or consumer inquiry within the preceding 3 months). As such, businesses engaged in telemarketing that may reach consumers in Maine should examine their practices carefully to understand whether the new requirement will apply, and if so, how to implement reassigned number database verifications into their outreach flows.

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