The TCPA Explained: The Main US Law on Phone Calls and Texts

If you've ever wondered why businesses ask for permission before calling or texting you, why telemarketers can't call at midnight, or why so many companies have been sued over phone calls, the answer usually leads back to one law: the Telephone Consumer Protection Act, or TCPA.

For more than three decades, the TCPA has been the central federal law governing how businesses in the United States can contact people by phone. It affects sales calls, appointment reminders, text messages, automated messages, and, more recently, calls using AI-generated voices. This article explains what the TCPA covers, what it requires, and why it matters so much to anyone who makes business calls to people in the US.

This article is for general information only and isn't legal advice. Businesses should seek advice from a qualified lawyer about how the TCPA applies to their specific situation.

What Is the TCPA?

The Telephone Consumer Protection Act was passed by Congress in 1991 and signed into law that December. It was a response to growing public frustration with unwanted telemarketing calls, automated dialing machines, prerecorded messages, and junk faxes.

The law gave the Federal Communications Commission (FCC) the authority to write detailed rules putting it into practice, and the FCC has updated those rules many times since. The TCPA also gives individuals the right to sue businesses directly for violations, which is one of the main reasons it's taken so seriously.

What Does the TCPA Cover?

The TCPA covers several types of communication, with different rules for each.

Calls using automated technology or artificial voices

The TCPA places strict limits on calls made using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice. These are the calls the law was most concerned about when it was passed, because they allow huge volumes of calls to be made with little effort.

Telemarketing calls

The TCPA and the FCC's rules set requirements for telemarketing, meaning calls that encourage people to buy goods, services, or property. These include rules on calling hours, Do Not Call lists, and how callers must identify themselves.

Text messages

Although the law was written before text messaging existed, the FCC and the courts treat text messages as "calls" under the TCPA. That means most of the rules on automated calls apply to automated texts too.

Faxes

The TCPA also restricts unsolicited advertising faxes, rules that were later updated by the Junk Fax Prevention Act of 2005.

The Key Rules

Consent for automated and prerecorded calls

The most important part of the TCPA is consent. In general:

Calls and texts to mobile phones made using an autodialer or an artificial or prerecorded voice require the person's prior express consent, unless the call is for emergency purposes or falls under a specific exemption.

Telemarketing calls and texts made this way require stronger consent, known as prior express written consent. This means the person must have agreed in writing, which can include electronic agreement, to receive these calls from that specific business, and must have been clearly told what they were agreeing to. Consent can't be made a condition of buying something.

Prerecorded or artificial voice calls to residential landlines also generally require consent, with telemarketing calls requiring prior express written consent. Certain non-marketing calls to landlines are exempt, but the FCC has placed limits on how many of these exempt calls can be made.

In 2024, the FCC confirmed that AI-generated voices count as "artificial" voices under the TCPA. That means calls using AI voice technology are subject to the same consent rules as prerecorded calls.

What counts as an autodialer

For years, there was intense debate over what counts as an "automatic telephone dialing system." Different courts reached very different conclusions, and the answer mattered enormously, because it determined which calls required consent.

In 2021, the US Supreme Court settled the main question in Facebook v. Duguid. It ruled that, to qualify as an autodialer under the TCPA, equipment must have the capacity to store or produce phone numbers using a random or sequential number generator. This narrowed the definition considerably, so many modern dialing systems that simply call numbers from a list don't meet it.

However, this didn't remove the risk. The rules on artificial and prerecorded voices apply regardless of how a call is dialed, the Do Not Call and calling-hours rules still apply, and several states have passed their own laws with broader definitions of automated dialing.

Calling hours

Telemarketing calls to residential subscribers can only be made between 8 a.m. and 9 p.m. in the called person's local time, not the caller's. Some states set stricter hours.

Do Not Call rules

The TCPA led to the creation of the National Do Not Call Registry, which is run by the Federal Trade Commission and allows people to register their numbers to opt out of most telemarketing calls. Businesses making telemarketing calls are expected to check numbers against the registry and avoid calling registered numbers, unless an exception applies, such as an established business relationship or the person's express permission.

Businesses must also keep their own internal Do Not Call list, recording anyone who asks not to be called again by that business, and honor those requests.

Identifying the caller

Telemarketers must give the name of the person calling, the name of the business on whose behalf the call is made, and a phone number or address where the business can be contacted. Prerecorded messages must identify the business at the start of the message and provide a phone number. Prerecorded telemarketing messages must also include an automated way for the person to opt out of future calls during the message.

Abandoned calls

FCC rules limit abandoned telemarketing calls, which happen when a person answers and no one is available to speak to them, to no more than 3% of answered calls per campaign over a 30-day period. When a call is abandoned, a short prerecorded message must play within two seconds, identifying the business and giving a phone number.

Revoking consent

People who've given consent can take it back. In 2024, the FCC adopted rules making clear that consumers can revoke consent through any reasonable means, such as replying "stop" to a text message, and that businesses must honor these requests promptly, within a set number of business days. Some parts of these rules have had their effective dates delayed, so businesses should check the current requirements.

Who Does the TCPA Apply To?

The TCPA applies to anyone making calls or sending texts to people in the United States, regardless of where the caller is based. A business calling from another country is still expected to follow it when calling US numbers.

It can also apply to businesses that don't make calls themselves. A company that hires a call center or marketing firm to make calls on its behalf can, in some circumstances, be held responsible for violations committed by that firm.

The rules apply to both consumer and business numbers in many situations. The restrictions on autodialed and prerecorded calls to mobile phones, for example, apply whether or not the mobile phone is used for business.

Penalties and Lawsuits

The TCPA is unusual because it allows individuals to sue directly. People can recover:

• $500 per violation, meaning each call or text that breaks the rules, and
• Up to $1,500 per violation if a court finds the violation was willful or knowing.

Because these amounts apply to every single call or text, they add up quickly. A campaign of thousands of messages can create enormous potential liability. TCPA cases are frequently brought as class actions on behalf of large groups of people, and some settlements have reached tens of millions of dollars.

The FCC and state attorneys general can also take enforcement action, including issuing fines.

A Changing Area of Law

The TCPA is one of the most actively litigated and frequently updated areas of US communications law. Courts regularly issue decisions on how it should be interpreted, and the FCC continues to adopt new rules.

Recent years illustrate how quickly things can change. In early 2025, a federal appeals court struck down an FCC rule that would have required consent to be given to one business at a time, rather than to multiple businesses through a single form. Later in 2025, the US Supreme Court ruled in McLaughlin Chiropractic v. McKesson that courts aren't required to follow the FCC's interpretations of the TCPA and must reach their own conclusions about what the law means. This may lead to different courts interpreting parts of the law differently in the years ahead.

Good Practice Under the TCPA

While the details are complex, a few principles help businesses stay on the right side of the law:

• Get clear consent before making automated, prerecorded, or AI-voice calls or texts, and keep records showing how and when it was given.
• Check numbers against the National Do Not Call Registry and keep an internal Do Not Call list.
• Honor opt-out requests promptly, through whatever reasonable method the person uses.
• Call only during permitted hours in the recipient's local time.
• Identify the business clearly on every call and in every message.
• Monitor abandoned call rates when using predictive dialers.
• Know who's calling on your behalf, and make sure partners and vendors follow the rules too.
• Check state laws, which may be stricter than the TCPA.
• Take legal advice, especially before launching new calling or texting campaigns.

Why the TCPA Matters

The TCPA exists to protect people from unwanted, intrusive, and automated calls and messages. For businesses, it sets the ground rules for reaching people by phone in the United States, and the consequences of ignoring those rules can be severe. Understanding what it requires, and treating consent and opt-outs seriously, is the foundation of any responsible calling or texting program aimed at people in the US.

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