What Is the Telephone Consumer Protection Act?

The law does three big jobs. It restricts calls made with autodialers or artificial or prerecorded voices. It creates the framework for do-not-call protections. And it gives consumers the right to sue, with damages set by statute.

Who writes and enforces the rules

The Federal Communications Commission (FCC) writes the regulations that implement the TCPA. These regulations are at 47 C.F.R. § 64.1200. The FCC also brings TCPA enforcement actions and can impose forfeitures.

The Federal Trade Commission (FTC) administers the National Do Not Call Registry and enforces its own Telemarketing Sales Rule (TSR), found at 16 C.F.R. part 310. The TSR is a separate rule under a separate statute, but it overlaps with the TCPA on many points.

State attorneys general can sue under the TCPA too. Section 227(g) lets them bring civil actions on behalf of residents, and those suits go to federal court.

Private plaintiffs are the largest source of TCPA cases. The Supreme Court held in Mims v. Arrow Financial Services (2012) that federal and state courts share jurisdiction over private TCPA claims.

What the TCPA restricts

Autodialed and prerecorded calls to cell phones. Section 227(b)(1)(A)(iii) bars calls to a cell number made with an automatic telephone dialing system or an artificial or prerecorded voice, unless the caller has the called party's prior express consent or the call is for an emergency purpose. Courts treat a text message as a "call" for this provision. The Supreme Court called that point "undisputed" in Campbell-Ewald Co. v. Gomez (2016), though it later noted in Facebook, Inc. v. Duguid (2021) that it had assumed the point rather than decided it.

Prerecorded calls to residential lines. Section 227(b)(1)(B) prohibits artificial or prerecorded voice calls to a residential line without prior express consent, subject to FCC exemptions.

Telemarketing to numbers on do-not-call lists. Section 227(c) directed the FCC to protect residential subscribers' privacy. The FCC's regulations prohibit telephone solicitations to numbers on the National Do Not Call Registry and require each seller to keep its own internal do-not-call list.

Calling hours. The FCC's rules bar telephone solicitations before 8 a.m. or after 9 p.m., measured by the called party's local time. See 47 C.F.R. § 64.1200(c)(1).

Spoofed caller ID. Section 227(e), the Truth in Caller ID provision, bars transmitting misleading or inaccurate caller ID information with intent to defraud, cause harm, or wrongfully obtain anything of value.

Junk faxes. Section 227(b)(1)(C) restricts unsolicited fax advertisements. This guide focuses on calls and texts.

Two key definitions

Automatic telephone dialing system (autodialer). The statute defines it as equipment with the capacity "to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers." In Facebook, Inc. v. Duguid (2021), the Supreme Court held that equipment qualifies only if it uses a random or sequential number generator to store or produce numbers. Our autodialer guide covers this in depth.

Telephone solicitation. This means a call or message to encourage the purchase or rental of, or investment in, property, goods, or services. It excludes calls made with the recipient's prior express invitation or permission, calls to someone with whom the caller has an established business relationship, and calls by tax-exempt nonprofits. See § 227(a)(4).

Consent is the center of the law

Most TCPA questions turn on consent. Informational autodialed or prerecorded calls to a cell phone generally need prior express consent. Telemarketing calls of that kind need prior express written consent under the FCC's rules: a signed written agreement, which can be electronic, with specific disclosures. See 47 C.F.R. § 64.1200(a)(2) and (f)(9).

Consumers may withdraw their consent in any reasonable manner. The FCC wrote that principle into its rules in 2024, and the rules took effect April 11, 2025. On October 1, 2026, the FCC released an order that will let callers designate an exclusive opt-out method. That order takes effect 30 days after it is published in the Federal Register, which had not happened as of October 14, 2026. Our consent guide explains the details.

What violations cost

The TCPA provides for statutory damages, which explains why class actions are common.

1. Robocall and autodialer claims under § 227(b)(3): actual monetary loss or $500 per violation, whichever is greater. A court may award up to three times that amount, up to $1,500, if the violator acted willfully or knowingly.
2. Do-not-call claims under § 227(c)(5): a person who received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the rules may recover up to $500 per violation, trebled for willful or knowing violations. The defendant has an affirmative defense if it set up reasonable practices and procedures to prevent violations.
3. Government enforcement: the FCC can impose forfeitures, including up to $10,000 per violation for spoofing under § 227(e).

The bottom line

The TCPA is relatively short, but the rules under it are detailed and ever-changing. The FCC adjusts them through orders. Courts decide what the statute means, and since McLaughlin Chiropractic Associates v. McKesson Corp. (2025), district courts are not bound by the FCC's reading of the statute in enforcement cases. Treat any summary, including this one, as a starting point.

What this means for you

• If you get unwanted calls or texts: register your number at DoNotCall.gov, tell callers to stop, and keep records. See our guide to unwanted calls and texts.
• If you make calls or send texts: know which consent you need, scrub against do-not-call lists, and honor opt-outs quickly. See our TCPA compliance guide.