How Termly's regional banner rules determine which visitors see an opt-in vs. an opt-out consent experience.
Overview
Termly's consent banner automatically adjusts its behavior based on where a website visitor is located. Visitors from states that have passed a comprehensive consumer privacy law may see different banner behavior (for example, a “Do Not Sell or Share My Personal Information” link or opt-out settings) than visitors from states without such a law.
This article lists the U.S. states with comprehensive consumer privacy laws currently in effect, and explains how that list is used in Termly's regional banner logic.
States With Comprehensive Consumer Privacy Laws in Effect
As of this article's last review, the following 19 states have comprehensive consumer privacy laws in effect:
| State | Law | Effective Date |
| California | CCPA/CPRA | Jan 1, 2020 (amended 2023) |
| Virginia | VCDPA | Jan 1, 2023 |
| Colorado | CPA | Jul 1, 2023 |
| Connecticut | CTDPA | Jul 1, 2023 |
| Utah | UCPA | Dec 31, 2023 |
| Texas | TDPSA | Jul 1, 2024 |
| Oregon | OCPA | Jul 1, 2024 |
| Montana | MCDPA | Oct 1, 2024 |
| Delaware | DPDPA | Jan 1, 2025 |
| Iowa | ICDPA | Jan 1, 2025 |
| Nebraska | NDPA | Jan 1, 2025 |
| New Hampshire | NHDPA | Jan 1, 2025 |
| New Jersey | NJDPA | Jan 15, 2025 |
| Tennessee | TIPA | Jul 1, 2025 |
| Minnesota | MCDPA | Jul 31, 2025 |
| Maryland | MODPA | Oct 1, 2025 |
| Indiana | INCDPA | Jan 1, 2026 |
| Kentucky | KCDPA | Jan 1, 2026 |
| Rhode Island | RIDTPPA | Jan 1, 2026 |
Looking for Florida? Florida has a privacy law, but most businesses aren’t covered. See What about Florida? below.
How This List Affects the Banner
Termly's platform uses this state list to determine regional banner behavior automatically; you don't need to configure it per state. A few important clarifications:
- Visitors in states with a consumer privacy law on this list may see opt-out mechanisms (such as a “Do Not Sell or Share” link) as required by that state's law.
- California has its own region, so you can configure it separately. The other states on this list share one region (States with consumer privacy laws), so you can’t set different behavior for individual states within that group.
- Visitors in states not on this list see the banner you’ve set for the All other states region, unless another applicable law, such as GDPR for EU/UK visitors, applies
New state privacy laws take effect regularly, and we update this list as they do. You can follow current and upcoming laws in Termly's U.S. Data Privacy Laws Tracker.
The whole “What about Florida?” section below is new, down to and including the Note.
What about Florida?
Florida has a consumer privacy law, the Florida Digital Bill of Rights (FDBR). Most of its requirements only apply to companies with more than $1 billion in global annual revenue that also earn most of that revenue from online ads, operate a smart speaker with a voice assistant, or run a large app store. Because most businesses don't meet these thresholds, Florida isn't on the list above, and Florida visitors see the banner you've set for the All other states region.
If your business sells sensitive data
One FDBR rule has no revenue threshold. If you sell sensitive personal data (such as precise location, health information, or data collected from children), you must get consent first and display this notice: "NOTICE: This website may sell your sensitive personal data."
If this applies to you:
- Go to Consent Management > Consent Banner and select the All other states region.
- Set Opt in / opt out to Opt In.
- Uncheck Scroll-to-consent (implied consent).
- Click Save.
- Add the notice to [location pending Masha's confirmation].
Note: These changes apply to visitors from every U.S. state in the All other states region, not only Florida. There's currently no way to set Florida separately from the other states in this region.
If you have questions, please reach out to our Support team at support@termly.io.