Federal

Fines and Penalties

Citation

TSR

Up to $11,000 per violation.

15 U.S.C. § 45(m)(1)

TCPA

Up to $16,000 per violation.

Civil action for up to $500 per violation plus actual costs; if willful or knowing violation, up to 3 times that amount

47 C.F.R. § 1.80(b); 47 U.S.C. § 503(b)(2)(D)

47 U.S.C. § 227(f)(1)

State

Fines and Penalties

Citation

Alabama*

PUC may bring action for up to $2,000 per violation.

Private cause of action available for amount of actual loss or $2,000 per each knowing violation.

Ala. Code § 8-19C-6

Ala. Code § 8-19C-7

Alaska*

Attorney General may bring action.

Alaska Stat. § 45.50.501

Arizona*

Not to exceed $1,000 per violation.

Ariz. Stat. § 44-1282©

Arkansas*

Misdemeanor (willful & knowing violation);

Attorney General has authority for civil enforcement.

Ark. Code Ann. §§ 4-88-103; 4-88-104

California*

Attorney General may bring action for up to $11,000 per violation.
Action in small claims court for injunction and $1,000 for subsequent violations.

Cal. Bus. & Prof. Code § 17593

Colorado

Attorney General may bring civil action for up to $2,000 per violation.

Colo. Rev. Stat. §§ 6-1-110; 112

Connecticut*

Private cause of action available to recover actual damages.

Conn. Gen. Stat. § 42-110d; 110g

Florida

Attorney General may bring civil action for up to $10,000 per violation.

Fla. Stat. ch. 501.059(8)

Georgia*

Administrator of do-not-call program may bring action for up to $2,000 per violation;
Add’l relief in any court of competent jurisdiction.

Ga. Code Ann. § 46-5-27(i)

Idaho*

1st violation-Up to $500; 2nd violation-Up to $2,500; 3rd violation & subsequent-Up to $5,000.

Idaho Code § 48-1003A(3)

Illinois*

1st violation-Up to $1,000
2nd violation & subsequent-Up to $2,500

815 ILCS § 402/35(b)

Indiana

Attorney General may bring action for up to $10,000 for 1st violation;
2nd violation & subsequent—Up to $25,000.
Attorney General may recover attorney’s fees.

Ind. Code § 24-4.7-5-2

Kansas*

Attorney General may bring action and private right of action available for reasonable expenses and attorney’s fees;
Actual damages;
Up to $10,000 per violation;
Up to $20,000 per willfull violation.

Kan. Code 50-632, 636

Kentucky*

Attorney General may bring action for Class D felony or for up to $2,000 per violation;
Up to $10,000—if violation is against a person age 60 or over.

Ky. Rev. Stat. Ann. §§ 367.190; 367.990

Louisiana

La. Rev. Stat. Ann. § 45:844.15; General Order § V(E)

Maine*

Attorney General action for not more than $10,000 for first violation, $25,000 for each subsequent violation.

Me. Rev. Stat. Ann. tit. 10
§ 1499-B

Massachusetts

Attorney General action and private right of action for up to $5,000 per knowing violation, but not less than $1,500 for a knowing violation involving a consumer who is 65 years of age or older.
Attorney’s fees for prevailing party.
Private damages available for $5,000 for knowing violation.

Mass. Gen. Laws ch. 159C, § 8

Michigan*

Misdemeanor punishable by imprisonment of up to 6 months and/or $500 fine;
Private action available for $250 or actual damages, whichever is greater;
attorney’s fees.

Mich. Laws § 445.111c(2), (3)

Minnesota*

Commissioner may bring action for up to $1,000 per violation.

Minn. Code § 325E.316(1)

Mississippi

Public Service Commission may bring action for up to $5,000 per violation.

Miss. Stat. § 77-3-725

Missouri

Attorney General and private right of action available for up to $5,000 per violation; Add’l relief in any court of competent jurisdiction.

Mo. Rev. Stat. § 407.1107

Montana*

Department of Administration may bring action for up to $5,000 per knowing violation;
Private right of action also available for actual loss or $5,000 per violation.
Add’l relief in any court of competent jurisdiction.

Mont. Code § 30-14-1605

Nevada*

Attorney General may bring action for up to $2,500 per violation.
Reasonable attorney’s fees and costs.

Nev. Stat. § 228.620

New Hampshire*

Attorney General action available for up to $5,000 per violation;
Private action for greater of actual damages or $1,000, up to 3 times this amount if knowing or willful violation.
Attorney’s fees.

N.H. Code § 359-E:11

New Jersey*

Attorney General may bring action for up to $10,000 for first offense;
Not more than $20,000 for the second and each subsequent offense.

N.J. Stat. § 56:8-13

New Mexico*

Attorney General may bring action for up to $5,000 per violation.

Private right of action available for $100 or actual damages, whichever is greater; for willful violations, $300 or three times actual damages

N.M. Stat. §57-12-11

N.M. Stat. § 57-12-10

New York*

Attorney General may bring action for up to $11,000 per violation.

N.Y. Gen. Bus. Code § 399-z(6)

North Carolina*

Attorney General and private right of action available for:
$500 for 1st violation;
$1,000 for 2nd violation;
$5,000 for 3rd and subsequent violations within 2 years of 1st violation;
Reasonable attorney’s fees.

N.C. Gen. Stat. § 75-105

North Dakota*

Private right of action available for up to $2,000 per violation or actual damages, whichever is greater;
Costs, expenses, and reasonable attorney’s fees.

N.D. Code § 51-28-11

Ohio*

Same as federal standard above.

Ohio Code § 109.87

Oklahoma

Attorney General may bring action for actual damages;
Reasonable expenses and investigation fees.

15 Okl. St. § 756.1(A)

Oregon*

Attorney General may bring action for actual damages.

Or. Rev. Stat. § 646.632

Pennsylvania

Attorney General may bring action for up to $1000 or if victim is 60 years old or older, $3,000;
Additional relief as deemed necessary and proper.

73 P.S. § 2246;
73 P.S. § 201-8

South Dakota

Public Utilities Commission may bring action for up to $5,000 per offense.

S.D. Stat. § 49-31-108

Tennessee

Regulatory authority may bring action for up to $2,000 per violation;
Add’l relief in any court of competent jurisdiction.

Tenn. Code § 65-4-405(f)
Admin. Code § 1220-4-11-.07

Texas

Attorney General may bring action for up to $1,000 per violation;
Up to $3,000 per willfull or knowing violation.
Attorney’s fees also available.

Tex. Bus. & Com.
Code § 304.252

Utah*

Attorney General may enforce penalties in amount of $100-$2,500 per violation.
Private right of action also available for $500 per violation or amount of actual damages;
attorney’s fees and costs.

13-25a-105; 106

Vermont*

Private right of action for:
Punitive Damages;
Reasonable costs and attorney’s fees;
Up to $500 for first violation (civil);
$1,000 for each subsequent violation (civil);
18 months imprisonment and/or $10,000 (criminal).

9 V.S.A. § 2464a; 2464c

Virginia*

Private right of action for $500 per violation and up to $1500 for willful violation.

Va. Code § 59.1-515

Wisconsin

Injunction; Up to $100 per violation.

Wis. Stat. § 100.52(10)

Wyoming

Attorney General may bring action for:
1st violation—Up to $500;
2nd violation—Up to $2,500;
3rd violation & subsequent—Up to $5,000
Attorney’s fees and costs.

Wyo. Stat. § 40-12-304(a)