Glossary

A

Advertisement#

Under FCC rules, any material advertising the commercial availability or quality of any property, goods or services (47 C.F.R. § 64.1200(f)(1)). See Calls, Texts, and the Telephone Consumer Protection Act.

AI-generated voice#

A voice created or cloned with artificial intelligence. The FCC ruled in February 2024 (FCC 24-17) that these are "artificial" voices, so calls using them need the same consent as other artificial or prerecorded voice calls. See Autodialers, Prerecorded Messages, and Artificial Intelligence Voices.

Article III standing#

The constitutional requirement that a plaintiff in federal court demonstrate a concrete injury caused by the defendant. Receiving an unwanted telemarketing text constitutes a concrete injury, according to Drazen v. Pinto (11th Cir. 2023) (en banc). See Litigation Under the Telephone Consumer Protection Act.

Artificial or prerecorded voice#

A recorded or synthesized voice message. Calls using one are restricted by § 227(b) whether or not an autodialer is used. In FCC 24-17 (2024), the FCC confirmed that AI-generated voices are "artificial" voices under the TCPA. See Autodialers, Prerecorded Messages, and Artificial Intelligence Voices.

Automatic telephone dialing system (ATDS)#

Equipment with the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial those numbers (47 U.S.C. § 227(a)(1)). Under Facebook, Inc. v. Duguid (2021), the random or sequential number generator requirement applies to both storing and producing numbers. See Autodialers, Prerecorded Messages, and Artificial Intelligence Voices.

C

47 C.F.R. § 64.1200#

The FCC regulation, titled "Delivery restrictions," that contains most federal TCPA rules on consent, revocation, calling times, Do Not Call, prerecorded messages, reassigned numbers and call blocking. See Federal Rules Under the Telephone Consumer Protection Act.

Call blocking#

When a voice service provider blocks a call from reaching the called party. FCC rules permit blocking in certain circumstances and require providers to block calls from numbers on a reasonable do-not-originate list (47 C.F.R. § 64.1200(k) and (o)). See Unwanted Calls and Texts: What You Can Do.

Caller ID spoofing#

Falsifying the caller ID information shown to the recipient. The TCPA prohibits doing so with intent to defraud, cause harm or wrongfully obtain anything of value (47 U.S.C. § 227(e)). See Unwanted Calls and Texts: What You Can Do.

Calling hours#

The window for telephone solicitations: no earlier than 8 a.m. and no later than 9 p.m., local time at the called party's location, under both FCC rules and the TSR. State laws may have different limits. See Do Not Call Rules.

Class action#

A lawsuit in which one or more named plaintiffs sue on behalf of a larger group. TCPA cases often take the form of class actions because TCPA damages are set per violation. See Litigation Under the Telephone Consumer Protection Act.

Company-specific do-not-call list#

A list each seller must keep of people who asked that seller not to call them. FCC rules require honoring such a request for five years. See Do Not Call Rules.

D

Declaratory ruling#

An FCC order clarifying how an existing law or rule applies, usually in response to a petition, that does not adopt any new rule text. See Federal Rules Under the Telephone Consumer Protection Act.

Docket#

The numbered file for an FCC proceeding, such as CG Docket No. 02-278 for TCPA rules, in which all orders, petitions, and comments are collected. See Federal Rules Under the Telephone Consumer Protection Act.

Do Not Call safe harbor#

A defense for inadvertent calls to registered numbers if the seller has written procedures, trained staff, keeps an internal list, and uses a version of the registry obtained no more than 31 days before the call (47 C.F.R. § 64.1200(c)(2)). See Do Not Call Rules.

E

Established business relationship (EBR)#

A prior relationship that allows telephone solicitations to a number on the Do Not Call Registry. As set by the FCC, it rests on a purchase or transaction within 18 months or an inquiry or application within three months. The FTC's TSR uses 540 days and 90 days. See Do Not Call Rules.

F

Federal Communications Commission (FCC)#

The federal agency that writes the regulations implementing the TCPA, mainly at 47 C.F.R. § 64.1200, and enforces them against callers and voice service providers. See Federal Rules Under the Telephone Consumer Protection Act.

Federal Trade Commission (FTC)#

The federal agency that enforces the Telemarketing Sales Rule and operates the National Do Not Call Registry. Its rules are separate from the FCC's TCPA rules, though they overlap. See Do Not Call Rules.

H

Hobbs Act#

The 1950 law that sends pre-enforcement challenges to FCC final orders to the federal courts of appeals. According to McLaughlin Chiropractic v. McKesson (2025), it does not bind district courts to the FCC's reading of the TCPA in enforcement suits. See Federal Rules Under the Telephone Consumer Protection Act.

I

Informational call#

A call or text that does not contain advertising or telemarketing, such as an appointment reminder, delivery notice or fraud alert. Prior express consent, rather than written consent, is generally enough for these calls. See Calls, Texts, and the Telephone Consumer Protection Act.

J

Junk fax#

An unsolicited fax advertisement. The TCPA prohibits them unless an exception applies and requires an opt-out notice on permitted fax advertisements. See Calls, Texts, and the Telephone Consumer Protection Act.

L

Lead generator#

A business that collects consumer contact information and consent, often through websites, and sells or passes those leads to sellers who then call or text. See Consent Under the Telephone Consumer Protection Act.

N

National Do Not Call Registry#

The federal list, run by the FTC at donotcall.gov, of numbers whose owners do not want telemarketing calls. Registrations do not expire. Telephone solicitations to registered numbers are prohibited unless an exception, such as an established business relationship, applies. See Do Not Call Rules.

Notice of Proposed Rulemaking (NPRM)#

A formal FCC proposal of a new or changed rule that invites public comment. A Further Notice of Proposed Rulemaking (FNPRM) follows up on an initial proposal. See Federal Rules Under the Telephone Consumer Protection Act.

O

Offer of judgment#

A formal settlement offer under Federal Rule of Civil Procedure 68. Under Campbell-Ewald Co. v. Gomez (2016), an unaccepted offer does not make a plaintiff's case moot. See Litigation Under the Telephone Consumer Protection Act.

One-to-one consent#

A 2023 FCC rule (FCC 23-107) that would have limited each consent to a single seller and to calls logically and topically associated with the interaction. The Eleventh Circuit vacated it in Insurance Marketing Coalition v. FCC (2025) before it took effect. See Consent Under the Telephone Consumer Protection Act.

Opt-out#

A consumer's request to stop receiving calls or texts, such as replying STOP to a text or pressing a key during a prerecorded call. Depending on the call, it can revoke consent, create a company-specific do-not-call request, or both. See Consent Under the Telephone Consumer Protection Act.

P

Prior express consent#

Permission given before a call that the statute requires for many autodialed or prerecorded calls. For calls that are not telemarketing, FCC rules do not require it to be in writing. See Consent Under the Telephone Consumer Protection Act.

Prior express written consent#

A signed written agreement, which may be signed electronically, that clearly authorizes a seller to deliver telemarketing calls using an autodialer or an artificial or prerecorded voice to a specific number, with a disclosure that signing is not a condition of purchase (47 C.F.R. § 64.1200(f)(9)). FCC rules require it for telemarketing robocalls and robotexts. The Fifth Circuit held in 2026 that the statute requires only prior express consent for prerecorded calls. See Consent Under the Telephone Consumer Protection Act.

Private right of action#

A person's right to bring a lawsuit directly under a statute. The TCPA creates private rights of action in § 227(b)(3) for robocall and fax violations and in § 227(c)(5) for Do Not Call violations. These suits may be brought in federal court, as held by Mims v. Arrow Financial Services (2012). See Litigation Under the Telephone Consumer Protection Act.

Q

Quiet hours#

An informal name for the hours during which telephone solicitations are not allowed. A petition filed with the FCC in March 2025 asks how these limits apply to texts sent with prior express written consent. See Do Not Call Rules.

R

Random or sequential number generator#

A feature that creates phone numbers randomly or in sequence. Since Facebook, Inc. v. Duguid (2021), equipment must have the capacity to use one to store or produce numbers in order to qualify as an autodialer. See Autodialers, Prerecorded Messages, and Artificial Intelligence Voices.

Reassigned number#

A phone number that has been disconnected and reassigned to a new subscriber. Calls to a reassigned number can reach a person who never consented to them. See Compliance Guide: Calls and Texts.

Reassigned Numbers Database (RND)#

A database created by the FCC in 2018 (FCC 18-177), available at reassigned.us, that callers can query to learn whether a number has been permanently disconnected since a given date. When properly used, the database creates a safe harbor under 47 C.F.R. § 64.1200(m). See Compliance Guide: Calls and Texts.

Revocation of consent#

Withdrawing permission to receive calls or texts. Current FCC rules let consumers revoke by any reasonable method and require callers to honor the request within 10 business days. FCC 26-67, adopted September 30, 2026, will let callers designate an exclusive opt-out method once it takes effect. See Consent Under the Telephone Consumer Protection Act.

Revoke all#

The part of the FCC's 2024 revocation rule that would treat an opt-out from one type of message as an opt-out from all of a caller's robocalls and robotexts. Its effective date was waived until January 31, 2027, and FCC 26-67 replaces it once effective. See Consent Under the Telephone Consumer Protection Act.

Robocall#

In everyday use, a call made with an autodialer or that plays an artificial or prerecorded voice. The TCPA restricts these calls under 47 U.S.C. § 227(b). "Robocall" is not itself a defined term in the statute. See Calls, Texts, and the Telephone Consumer Protection Act.

Robotext#

An automated text message. The FCC has interpreted "call" to include text messages, and in Campbell-Ewald Co. v. Gomez (2016) the Supreme Court noted it was undisputed that a text to a cell phone qualifies as a "call" under § 227(b)(1)(A)(iii). See Calls, Texts, and the Telephone Consumer Protection Act.

S

Safe harbor#

A rule by which a party is protected from liability if it satisfies certain criteria, such as the Do Not Call safe harbor or the reassigned numbers safe harbor. See Compliance Guide: Calls and Texts.

Seller#

The person or entity on whose behalf a telemarketing call or message is made. Sellers can be liable for calls placed by vendors and telemarketers acting for them. See Compliance Guide: Calls and Texts.

Short code#

A five- or six-digit number used to send text messages at scale, often for marketing or alerts. Short codes are not exempt from the TCPA's rules on texts. See Calls, Texts, and the Telephone Consumer Protection Act.

State telemarketing law#

A state statute regulating telephone solicitations, often called a "mini-TCPA." The TCPA does not preempt state laws that impose more restrictive intrastate requirements on these practices (47 U.S.C. § 227(f)). See State Telemarketing Laws.

Statutory damages#

Damages set by law as opposed to damages proven to have occurred. A TCPA plaintiff can recover the greater of actual loss or $500 for each violation (47 U.S.C. § 227(b)(3)). See Litigation Under the Telephone Consumer Protection Act.

STIR/SHAKEN#

A set of technical standards that lets voice providers digitally sign and verify caller ID information, so a call can be traced to its origin and spoofed calls can be detected. The FCC requires many providers to adopt it. See Federal Rules Under the Telephone Consumer Protection Act.

T

Telemarketer#

The person or company that actually places telemarketing calls, often on behalf of a seller. See Compliance Guide: Calls and Texts.

Telemarketing#

Under FCC rules, initiating a call or message to encourage the purchase or rental of, or investment in, property, goods or services. Telemarketing calls face stricter consent rules than informational calls. See Calls, Texts, and the Telephone Consumer Protection Act.

Telemarketing Sales Rule (TSR)#

The FTC's telemarketing regulation at 16 C.F.R. Part 310. It covers the National Do Not Call Registry, calling hours of 8 a.m. to 9 p.m., required disclosures, prerecorded sales calls and deceptive or abusive telemarketing practices. See Do Not Call Rules.

Telephone Consumer Protection Act (TCPA)#

The federal law, enacted in 1991 and codified at 47 U.S.C. § 227, that restricts robocalls, autodialed calls, prerecorded and artificial voice messages, telephone solicitations and junk faxes. It is enforced by the Federal Communications Commission (FCC), by state attorneys general and through private lawsuits. See What Is the Telephone Consumer Protection Act?.

Telephone solicitation#

A call or message to encourage a purchase, rental or investment, not including calls made with prior express invitation or permission, to someone with an established business relationship, or by a tax-exempt nonprofit (47 U.S.C. § 227(a)). Do Not Call rules apply to these calls. See Do Not Call Rules.

Traceback#

The process of following a call back through each provider that carried it to trace it to its origin. FCC rules require voice providers to respond to traceback requests. See Federal Rules Under the Telephone Consumer Protection Act.

TRACED Act#

The Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, Pub. L. 116-105 (December 30, 2019), which amended the TCPA to enhance FCC penalties and require call authentication and other anti-robocall measures. See Federal Rules Under the Telephone Consumer Protection Act.

Treble damages#

Increased damages of up to three times the statutory amount, which a court may award if it finds a violation was willful or knowing. See Litigation Under the Telephone Consumer Protection Act.

V

Vicarious liability#

Holding one party responsible for another's conduct. In its 2013 Dish Network declaratory ruling (FCC 13-54), the FCC said sellers can be vicariously liable under federal common law principles of agency for TCPA violations committed by third-party telemarketers. See Compliance Guide: Calls and Texts.