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—Glossary

TCPA (Telephone Consumer Protection Act)

The Telephone Consumer Protection Act (TCPA) is a 1991 US federal law that restricts telemarketing and calls or texts made with autodialers or artificial or prerecorded voices.

The Telephone Consumer Protection Act is the main US federal law on unwanted calls and texts. It was enacted in 1991 and is codified at 47 U.S.C. § 227. The Federal Communications Commission (FCC) sets the detailed rules in 47 CFR § 64.1200.

What it covers

  • Autodialed and artificial or prerecorded voice calls. Calls to mobile numbers using an autodialer or an artificial or prerecorded voice need the called party's prior express consent, except for emergencies and other exemptions. Similar limits apply to artificial or prerecorded voice calls to residential lines.
  • Telemarketing. Telemarketing calls made this way need prior express written consent: a signed agreement that authorizes the seller to call and names the number.
  • Calling hours and Do Not Call. Telephone solicitations to residential subscribers are not allowed before 8 a.m. or after 9 p.m. at the called party's local time, or to numbers on the National Do-Not-Call Registry, subject to exceptions.
  • Texts and opt-outs. The FCC's rules extend consent revocation and do-not-call protections to text messages. People can revoke consent by any reasonable method that clearly says they want no further calls or texts.

Individuals can sue for actual losses or $500 per violation, whichever is greater, and a court may increase that up to threefold for willful or knowing violations.

AI-generated voices

In a ruling released on February 8, 2024 (FCC 24-17), the FCC confirmed that the TCPA's "artificial or prerecorded voice" restrictions cover AI technologies that generate human voices. Outbound calls by an AI voice agent therefore need prior express consent, or prior express written consent for telemarketing, unless an exemption applies.

What it means for your business

The consent rules govern calls and texts your business makes. For inbound calls answered by an AI receptionist, recording and disclosure rules are usually more relevant; see call recording consent.

Read more in Are AI phone calls legal?

Sources

  1. 47 U.S. Code § 227 - Restrictions on use of telephone equipment. Legal Information Institute, Cornell Law School, October 16, 2026.
  2. 47 CFR § 64.1200 - Delivery restrictions. Legal Information Institute, Cornell Law School, October 16, 2026.
  3. Implications of Artificial Intelligence Technologies on Protecting Consumers from Unwanted Robocalls and Robotexts, Declaratory Ruling (FCC 24-17). Federal Communications Commission, February 8, 2024.

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