Since the U.S. Supreme Court’s 2021 autodialer decision in Facebook—which interpreted Congress’s definition of “automatic telephone dialing system” in a way that makes it difficult, if not impossible, for plaintiffs to prove a federal autodialer claim—there has been a rise in states enacting their own versions of the TCPA, often referred to as mini-TCPAs. A few examples include Florida, Oklahoma, and Maryland.
Now West Virginia is seeking to throw its hat in the ring, while Michigan is entertaining a bill that could create one of the most expansive and litigious mini-TCPAs in the nation.
Below we discuss the current status of West Virginia’s proposed mini-TCPA and Michigan’s mini-TCPA-expansion bill, and what you should be aware of in the event either becomes law.
West Virginia Seeks to Enact its Own Mini-TCPA
In late January 2026, a bill was introduced to the West Virginia House titled the “Telephone Consumer Protection Act.” That bill seeks to create West Virginia’s own mini-TCPA and prohibit the following:
West Virginia’s Proposed Mini-TCPA Prohibitions
- Initiating telephone solicitations, without the called party’s prior express written consent, using an automated system or prerecorded or artificial voice message;
- Initiating telephone solicitations, without the called party’s prior express written consent, using an automated system for the selection or dialing of telephone numbers (note that the use of the word “or” creates a broad scope for this prohibition, similar to the way Oklahoma’s mini-TCPA did so by broadly defining autodialer);
- Failing to transmit accurate caller ID information;
- Placing telephone solicitations outside the hours of 8:00 a.m. to 8:00 p.m.; and
- Making more than 3 telephone solicitations to the same person, concerning the same subject matter, within a 24-hour period.
The bill appears to intend to create a private right of action for individuals, who can seek $1,000/violation and attorney’s fees and costs.
Of note is the bill’s attempt to cast a large net by including the following within the definition of telephone solicitation:
- Selling, leasing, or renting goods or services;
- Offering gifts or prizes;
- Conducting polls or surveys used for marketing purposes; and
- Managing, directing, or supervising such activities.
This bill remains in its early stages as it is still with the West Virginia House of Delegates.
Michigan Seeks to Expand its Mini-TCPA
Michigan currently has its own mini-TCPA that regulates telemarketing. For example, Michigan’s current mini-TCPA adopted the FTC’s National Do Not Call Registry (NDNCR), prohibits making telephone solicitations to residential telephone subscribers on the NDNCR, prohibits prerecorded-message telephone solicitations, and only permits unsolicited commercial telephone calls to be made between the hours of 9 a.m. and 9 p.m.
The current version of Michigan’s mini-TCPA provides a private cause of action through which an individual can seek to recover the greater of actual damages or $250, plus reasonable attorney fees, for a violation.
Michigan is now seeking to create a second mini-TCPA (as the bill does not appear to seek to repeal the current version) through the Telephone Solicitation Act, which the Michigan Senate passed at the end of January 2026. That Act contains a number of significant restrictions that those in the calling industry should be aware of in case it becomes law.
Examples of Restrictions in Michigan’s Telephone Solicitation Act
- The Act expressly applies to text messages. The current version of Michigan’s mini-TCPA does not.
- The Michigan mini-TCPA currently prohibits prerecorded-message telephone solicitations. The Act seeks to significantly expand the scope of that prohibition by broadening the definition of “telephone solicitation.”
- The Act seeks to reduce Michigan’s no-sales-calls hours from 9 p.m. – 9 a.m. to 9 p.m. – 8 a.m.
- The Act would provide broader authority to Michigan’s Attorney General to investigate and prosecute violations of Michigan’s mini-TCPA and permit civil fines of up to $25,000/violation ($50,000–$100,000/violation if the violating conduct was directed at a person 75 or older, or a person with one or more disabilities).
- The Act seeks to prohibit lead generators from providing numbers listed on the NDNCR as part of their lead generation.
- The Act seeks to expand the identification requirements for telephone solicitations. This includes requiring certain identifying information to appear on a called party’s caller ID service. Certain language in the Act indicates that a carrier or VoIP provider could potentially be held liable if such information does not appear.
- Under the Act, the statutory damages an individual can seek in a private action would increase from $250/violation to $1,000/violation.
Interestingly, the Act’s private cause of action is more limited than the private cause of action provided by Michigan’s current mini-TPCA.
The Act’s language concerning a private right of action states: A “person that suffers a loss as a result of a violation may bring a civil action against the person that violated this act.” The “suffers a loss” language raises the possibility that there would be no private right of action for certain violations of the new Michigan mini-TCPA.
For example, if a Michigan resident’s number is listed on the NDNCR and they received a telephone solicitation, they potentially would not be able to bring a private right of action for that violation because what loss have they actually suffered?
Also, the fact that the private right of action can only be brought against “the person that violated this act” raises the possibility that the Act would eliminate vicarious liability for violations of Michigan’s new mini-TCPA.
It will be important to keep apprised of the status of the Act, which is currently with the Michigan House of Representatives.
Next Steps
If you operate in West Virginia or Michigan, or make calls to either state, it is important for you to keep an eye on these bills. If passed, immediate steps will need to be taken to ensure your calling activities are in compliance by those bills’ effective dates.
In the wake of Facebook and with it currently being an open question as to whether the TCPA’s private rights of action apply to text messages, expect to see more states seeking to enact or expand their own mini-TCPAs.
This article is only offered for informational purposes; it is not legal advice. Please consult a qualified attorney for your specific compliance needs.
Joe Bowser
Joe Bowser is a partner at Roth Jackson. He has been practicing communications and marketing law for two decades. He advises and defends calling and SMS platform providers (like Readymode), carriers/VoIP providers, and heavy users of those services in their wide range of compliance needs. In his spare time, you can find him taking his boys to their sports, getting in a workout of his own, or catching an Arsenal match.
