A bill to ban robocalls to mobile devices passed through committee and will be brought before the full chamber of the Massachusetts House of Representatives. The bill's scope is expansive and seeks to prohibit all robocalls, with limited exceptions such as for school districts, healthcare, and public utilities. The bill succinctly prohibits "all robocalls" "in the commonwealth to any hands-free mobile telephones, mobile electronic devices and mobile telephones." The bill defines "robocall" as an automated call that uses both a computerized autodialer and a computer-delivered pre-recorded message.
Importantly, the bill includes an enforcement provision that allows the state attorney general to obtain civil penalty of up to $10,000 for each knowing violation. The bill also includes a private right of action for individuals who have received more than one call within a 12-month period from the same entity and enables individuals to collect $10,000 per violation, including attorneys' fees and costs. These damages provisions are well in excess of what individuals can collect under the federal TCPA, where damages are $500 per violation or $1,500 per violation if willful.
The full text of the bill H.201 can be viewed here