The TCPA Statute: Research Guide

Where to read the official text

• United States Code, Office of the Law Revision Counsel: https://uscode.house.gov/us/usc/t47/s227/
• Legal Information Institute (unofficial copy with amendment notes): https://www.law.cornell.edu/uscode/text/47/227
• As originally enacted: Pub. L. 102-243 (December 20, 1991), 105 Stat. 2394: https://www.govinfo.gov/content/pkg/STATUTE-105/pdf/STATUTE-105-Pg2394.pdf

Congress has amended § 227 several times, most significantly with the TRACED Act, Pub. L. 116-105 (December 30, 2019). When you read an older court decision, check which version of the statute it applied.

How § 227 is organized

The provisions people ask about most

The autodialer definition, § 227(a)(1). "Equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers." The Supreme Court interpreted this in Facebook, Inc. v. Duguid.

Robocalls to cell phones, § 227(b)(1)(A)(iii). Calls using an autodialer or an artificial or prerecorded voice to a cell phone number are prohibited unless made for emergency purposes or with the prior express consent of the called party. The 2015 government-debt exception in this provision was struck down in Barr v. AAPC. Published versions of the Code still include the exception language, so you should read the case along with the text.

Prerecorded calls to residential lines, § 227(b)(1)(B). Artificial or prerecorded voice calls to residential lines require prior express consent unless an exception applies or the FCC has exempted the call.

Private right of action, § 227(b)(3). A person may sue to stop violations, to recover actual monetary loss or $500 per violation, whichever is greater, or both. If the violation was willful or knowing, the court may increase damages to up to three times that amount.

Do Not Call private right of action, § 227(c)(5). A person "who has received more than one telephone call within any 12-month period by or on behalf of the same entity" in violation of the FCC's Do Not Call regulations may sue. District courts have come to different conclusions about whether this provision covers text messages. In Steidinger v. Blackstone Medical Services, No. 25-2398 (7th Cir. 2026), the Seventh Circuit held that it does not. Look for later rulings in your circuit.

State enforcement, § 227(g). State attorneys general, or a designated state official or agency, may sue on behalf of residents.

Preemption, § 227(f). Except for the technical standards in subsection (d), the statute does not preempt state laws that impose "more restrictive intrastate requirements or regulations on," or that prohibit, junk faxes, autodialer use, artificial or prerecorded voice messages, or telephone solicitations. This is why state telemarketing laws matter. See State Telemarketing Laws.

How to research what the statute means

1. Read the text first. After McLaughlin Chiropractic v. McKesson (2025), courts in enforcement proceedings decide what the TCPA means for themselves, giving "appropriate respect" to the FCC's views. The statutory words carry more weight than ever.
2. Check the FCC's rules and orders. The regulations that implement the statute are at 47 C.F.R. § 64.1200. See FCC Rules: Research Guide.
3. Check controlling court decisions. Supreme Court decisions bind every court. A federal court of appeals decision binds district courts within that circuit. Our case pages cover the key decisions.
4. Check the history. The Statutes at Large and the amendment notes on the Legal Information Institute page show when each provision was added or changed.