Resources
Everything you need to know about the TCPA, robocalls, and the federal laws behind STIR-SHAKEN compliance.
TCPA — This Is Serious Business
The Telephone Consumer Protection Act (TCPA) protects consumers from unsolicited telemarketers and marketers who lack permission to contact them. Violations include placing robocalls, sending unsolicited texts, ignoring do-not-call requests, and sending unsolicited fax advertisements.
TCPA Violations: What's Illegal Under the Law?
Unless prior express consent has been given, the TCPA generally prohibits the following — even where a business relationship exists:
- Calls placed to residences before 8am or after 9pm, local time.
- Calling consumers who specifically asked the company not to call (a "do-not-call" list must be maintained for 5 years).
- Calling consumers on the National Do Not Call Registry.
- Failing to identify the calling entity and provide a callback number or address.
- Using an artificial voice, recorded message, or automated dialing system without consent.
- Sending unsolicited advertising faxes.
Frequently Asked Questions
What is a Robocall?
A robocall is any phone call made using an automatic dialing system, or that contains a pre-recorded message or artificial voice. Even if a live person is on the line, the call may have been placed using an auto-dialer — you can often tell if you notice a period of "dead air" before the live person comes on.
What Phone Calls Are Exempt from TCPA Compliance?
Calls made from tax-exempt non-profit companies, political groups, calls made with non-commercial intent, or calls that do not include any unsolicited promotion are not subject to TCPA rules.
What is Prior Express Consent?
For a company to legally place a robocall, it must have prior express consent. Under current FCC rules, this requires a signed, written agreement specifically agreeing to receive telemarketing calls or text messages via an auto-dialer and/or pre-recorded voice.
Federal Telephone and Consumer Protection Acts — Summaries
| Law | What It Requires |
|---|---|
| TRACED Act (2020) | Requires call-authentication technologies (STIR-SHAKEN); gives the FCC more enforcement authority and increases penalties on robocallers. |
| TCPA (2019) | Requires written consumer consent prior to calls/texts and a working opt-out method; prohibits pre-recorded/auto-dialed calls without consent. |
| Truth in Caller ID Act | Prohibits knowingly transmitting misleading or inaccurate caller ID information with intent to defraud or cause harm — prohibits "spoofing." |
| Do Not Call Implementation Act | Telemarketers must consult the National Do Not Call Registry before calling and honor listed numbers. |
| Telemarketing Sales Rule | Prohibits deceptive and abusive telemarketing acts or practices. |
President Trump signed the TRACED Act, the first federal law designed to curb unwanted robocalls, giving the FCC more authority to pursue scammers and mandating carrier-wide STIR-SHAKEN authentication at no added line-item cost to consumers.