The TCPA, the Telephone Consumer Protection Act, is the US law behind the rules on robocalls, autodialed texts and telemarketing calls. For marketing, the short version is: get prior written consent before sending autodialed marketing texts or prerecorded telemarketing calls, honour opt-outs, and don't call homes before 8 a.m. or after 9 p.m.
If you run SMS campaigns, an outbound sales team or an AI voice agent, these rules apply to you whether you're a two-person shop or a national brand. The FCC writes the TCPA rules; the FTC enforces the Telemarketing Sales Rule and the National Do Not Call Registry. Here's what each one asks of you, from their own pages.
Consent: which kind for which message
| Message | Consent the FCC requires |
|---|---|
| Prerecorded telemarketing call to a home or mobile | Prior written consent, on paper or electronically (including website forms or a keypress) |
| Autodialed or prerecorded call or text to a mobile | Oral or written consent |
| Commercial (marketing) texts | Written consent |
| Informational texts | Consent may be oral |
| AI-generated voice calls | Illegal unless the person agreed to receive them or the caller is exempt |
| Emergency calls about danger to life, safety or property | Exempt |
The line on AI voices is the one I'd flag for any business testing voice agents. The FCC says AI-generated voice calls are illegal unless the consumer has agreed to receive them or the caller is exempt. If your outbound agent uses an AI-generated voice, get that agreement before it dials.
Opt-outs and identification
- Prerecorded telemarketing calls must offer an opt-out at the start of the message.
- People can opt out of any robocall or robotext at any time and in any reasonable manner, even after giving consent.
- Prerecorded voice messages must give the caller's name, number and business name at the beginning.
- Telemarketers calling a home must give their name and the name, phone number and address where their employer can be contacted.
- A do-not-call request made during a call must be honoured immediately.
In any reasonable manner is the phrase that matters. A customer who replies with something other than your keyword, or tells a sales rep to stop, has still opted out. Build your system to catch it, and make sure an opt-out recorded by one team or tool reaches every other list you send from, because the person only has to tell you once.
The Do Not Call Registry and the Telemarketing Sales Rule
The FTC says sellers and telemarketers must remove numbers on the National Do Not Call Registry from their call lists at least every 31 days. The FCC adds that its rules on autodialed texts apply even if the person hasn't put their mobile number on the Registry, so consent and the Registry are two separate checks.
There are exemptions. The FTC says the Registry ban doesn't apply to business-to-business calls, except calls selling nondurable office or cleaning supplies, and calls to someone at work asking them to buy for personal use aren't B2B. An established business relationship also lets you call a Registry number: for 18 months after a purchase or transaction, or for three months after an inquiry or application. But the FCC's robocall guide says telemarketing calls based on an established business relationship aren't permitted to a landline without advance permission, so the exemption isn't a licence to robocall.
Penalties, as of October 2026
The FTC says calling a consumer who has asked not to be called can expose a seller and telemarketer to a civil penalty of $53,088 for each violation, and that Registry violations carry civil penalties of up to $53,088 each plus injunctions. The FCC says it has issued hundreds of millions of dollars in enforcement actions against illegal robocallers. Penalties are counted per violation, which is why a single bad list upload can be so costly.
A TCPA checklist for SMS and calling campaigns
- Collect written consent for marketing texts with a clear checkbox, not a pre-ticked one.
- Store proof of consent: the form, the wording, the time and the number.
- Scrub call lists against the National Do Not Call Registry at least every 31 days.
- Put the opt-out at the start of any prerecorded call, and honour opt-outs in any reasonable form.
- Keep telemarketing calls to homes between 8 a.m. and 9 p.m.
- Get consent before using AI-generated or cloned voices.
- Check your state's own do-not-call list; the FCC notes many states run one.
The TCPA is a US law. If you text or call people in other countries, their rules apply too: Canada runs its National Do Not Call List and the UK has the Telephone Preference Service. And if you're choosing a texting tool, SMS marketing software that records consent and handles opt-outs does half of this checklist for you.
My verdict
Treat consent as a record, not a tick box. If you can show when and how each person agreed to marketing texts or calls, and you act on every opt-out the moment it arrives, you've handled most of the TCPA risk. If you can't, pause the campaign until you can, because the fines are counted per message.
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Frequently asked questions
What is the TCPA?
The Telephone Consumer Protection Act is the US law behind the FCC's rules on robocalls, autodialed texts, prerecorded calls and telemarketing.
Do I need written consent to send marketing texts?
Yes. The FCC says commercial texts require written consent, while consent for informational texts may be oral.
What are the TCPA calling hours?
The FCC says telemarketing calls to your home are prohibited before 8 a.m. and after 9 p.m.
How often must I scrub against the Do Not Call Registry?
The FTC says sellers and telemarketers must delete numbers on the National Do Not Call Registry from their lists at least every 31 days.
Are AI voice calls legal under the TCPA?
The FCC says AI-generated voice calls are illegal unless the consumer has agreed to receive them or the caller is exempt.
Do B2B calls have to follow the Do Not Call rules?
The FTC says the Registry ban doesn't apply to business-to-business calls, except calls selling nondurable office or cleaning supplies.
What is the penalty for calling someone on the Do Not Call list?
As of October 2026, the FTC says violators face civil penalties of up to $53,088 for each violation.
