TCPA (Telephone Consumer Protection Act)
US law governing outbound calling, autodialers, and consent requirements for phone-based marketing.
The TCPA (Telephone Consumer Protection Act) is the primary US federal law regulating telemarketing, autodialed calls, prerecorded and artificial voice messages, and text messages. It is enforced by the FCC and carries statutory damages of $500–$1,500 per violation — per call — which makes it one of the most litigated consumer-protection statutes in the country.
What it requires for outbound calling
- Prior express consent for autodialed or prerecorded/AI-voice calls and texts to mobile numbers — and prior express written consent for marketing.
- Honoring the National DNC Registry and maintaining an internal do-not-call list.
- Calling-hours limits: generally 8 a.m. to 9 p.m. in the called party's local time zone.
- Clear identification of the caller and a way to opt out.
AI voice agents and the TCPA
An AI voice agent placing outbound calls uses an artificial/prerecorded voice, so TCPA consent rules apply squarely. Compliant outbound systems enforce DNC scrubbing before dialing, time-zone-aware scheduling, consent tracking per contact, and automatic opt-out handling. Note that TCPA is US-specific — equivalents include the UK's Ofcom rules, the EU's ePrivacy/GDPR regime, and India's TRAI regulations — so global campaigns must apply the rules of each destination.