What is the TCPA?
The TCPA (Telephone Consumer Protection Act of 1991) is a US federal law that restricts autodialed, prerecorded and telemarketing calls, texts and faxes.
What the law covers
The TCPA is codified at 47 U.S.C. 227, and the FCC writes the detailed rules in 47 CFR 64.1200. Among other things, the law:
- Restricts calls made with an automatic telephone dialing system or an artificial or prerecorded voice to numbers assigned to cellular and certain other services, unless the called party gave prior express consent or the call is for emergency purposes.
- Restricts prerecorded voice calls to residential lines without prior express consent, with limited exceptions.
- Bars using an autodialer in a way that engages two or more lines of a multi-line business at the same time.
- Lets the FCC require a single national database of residential subscribers who object to telephone solicitations. FCC rules apply this through the National Do Not Call Registry.
- Makes it unlawful to transmit misleading caller ID information with intent to defraud, cause harm or wrongfully obtain anything of value.
Why it matters for sales teams
The law lets people sue. For violations of its rules on autodialed, prerecorded and artificial-voice calls, a person can recover actual monetary loss or a set amount of statutory damages for each violation, whichever is greater, and a court may increase the award to up to three times that amount if the violation was willful or knowing. People who receive more than one call within 12 months from the same entity in violation of the do-not-call rules can also sue. State attorneys general can bring actions too. The TCPA does not preempt state laws that impose more restrictive intrastate rules on, among other things, telephone solicitations.
The Telemarketing Sales Rule is a separate FTC rule with its own do-not-call provisions.
This is a general definition, not legal advice.