TCPA
Telephone Consumer Protection Act
Consent rules for automated and prerecorded calls and texts, the National Do Not Call Registry, and statutory damages per call.
The law in brief
The Telephone Consumer Protection Act restricts telemarketing calls, calls and texts made with an autodialer or an artificial or prerecorded voice, and unsolicited faxes. It created the National Do Not Call Registry and lets individuals sue for statutory damages per call or text, which is why it produces thousands of lawsuits each year.
Text messages count as calls. The FCC has also ruled that AI-generated voices are artificial voices under the law, so AI voice agents fall within its consent rules.
Who it applies to
- Anyone making telemarketing calls or texts, or calls and texts using an automatic telephone dialing system or an artificial or prerecorded voice, to people in the United States.
- Sellers are responsible for calls made by vendors and lead generators on their behalf in many circumstances.
- Many states have their own telemarketing laws, some stricter, such as Florida's and Oklahoma's.
What it requires
Written consent for marketing robocalls and texts
Get prior express written consent before making telemarketing calls or texts to a wireless number using an autodialer or artificial or prerecorded voice, or prerecorded telemarketing calls to a residential line.
Consent for non-marketing autodialed calls
Autodialed or prerecorded non-emergency calls and texts to wireless numbers need at least prior express consent, even when they are not marketing.
Do Not Call
Do not make telephone solicitations to numbers on the National Do Not Call Registry without consent or an established business relationship, and keep and honor an internal do-not-call list.
Honor revocation within 10 business days
Honor a revocation of consent made by any reasonable method, such as replying stop, within 10 business days.
Calling hours and caller ID
Do not make telephone solicitations before 8 a.m. or after 9 p.m. local time, and transmit caller ID information.
People's rights
People can put their number on the National Do Not Call Registry, ask a company to add them to its internal do-not-call list, and revoke consent by any reasonable method, including replying "stop" to a text. They can sue for statutory damages per violation, trebled for willful or knowing violations.
Enforcement and penalties
A private right of action for $500 per violation, up to $1,500 if willful or knowing, with no cap, so class actions over large campaigns can be very costly. The FCC and state attorneys general also enforce, and the FCC can impose forfeitures.
What's changing
Revoke-all rule delayed to 31 January 2027. The FCC's rule that a revocation in response to one type of message applies to all future robocalls and robotexts from the caller is on hold while the FCC reconsiders it. The other revocation rules, including honoring requests made by any reasonable method within 10 business days, have applied since 11 April 2025. The FCC's 2023 one-to-one consent rule was vacated by the Eleventh Circuit in January 2025 and does not apply.
What to do first
- Map every calling and texting program, including vendors and lead sources.
- Get prior express written consent before telemarketing with an autodialer or artificial or prerecorded voice, including AI voices, and keep the record.
- Scrub against the National Do Not Call Registry and your internal list.
- Honor opt-outs made by any reasonable method within 10 business days.
- Respect calling hours: not before 8 a.m. or after 9 p.m. at the called party's location.
- Check state telemarketing laws where you call.
Checked against the official text on 28 September 2026. Quotations are the operative words of the law, linked to the article they come from; the official text is the authority. This brief is written by the Association for practitioners and is not legal advice.
Recent developments
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EPIC urges FCC to deny petition exempting political AI-generated robocalls under TCPA
The filing highlights privacy and AI concerns over a proposed exemption that would allow political robocalls without prior consent. EPIC filed reply comments opposing a Club for Growth petition to exempt political calls made with AI‑generated voices from the Telephone Consumer Protection Act’s consent requirements. EPIC argues the exemption would increase unwanted political robocalls, amplify disinformation, and undermine privacy protections. The FCC’s Consumer and Governmental Affairs Bureau is seeking comment on the petition.
Source: EPIC. TCPA in the regulations library.
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FCC adopts final rule clarifying TCPA “Revoke All” requirements
The FCC’s clarification updates how businesses must handle consumer revocation of consent for TCPA‑covered communications. On September 9, 2026, the Federal Communications Commission issued a final rule amending the delayed “Revoke All” rule under the Telephone Consumer Protection Act. The rule will become effective 30 days after its publication.
Effective: not stated.
Source: Hunton Privacy & Cybersecurity Law Blog. TCPA in the regulations library.
Sources
- 47 CFR 64.1200, Delivery restrictions eCFR · Official text or regulator
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