TCPA Rules: What the FCC Regulations Require of Callers

TCPA Law vs. FCC Regulations: 47 U.S.C. 227 and 47 CFR 64.1200 Explained

Congress passed the Telephone Consumer Protection Act in 1991 and directed the Federal Communications Commission to write the detailed rules. The statute is 47 U.S.C. 227. The FCC’s rules are 47 CFR 64.1200, titled “Delivery restrictions.” When a lawyer says a caller broke “the TCPA regulations,” they usually mean this section. This summary reflects the current eCFR text, but the FCC amends these rules from time to time, so always check the latest version.

The FTC has its own rule, the Telemarketing Sales Rule (16 CFR Part 310). It overlaps with the FCC rules on calling hours and the Do Not Call Registry, but consumers usually cannot sue under it, for reasons explained below.

Core TCPA Requirements: Robocalls, Do Not Call, and Calling Hours

Each row below matches a TCPA requirement to the part of 64.1200 that creates it.

TCPA Consent Requirements: Three Levels of Permission

The rules sort calls into tiers, and each tier needs a different kind of permission.

• No robocall technology. A live person dialing by hand needs no consent under 227(b). The Do Not Call and calling-hours rules still apply to sales calls.
• Informational robocalls. An autodialed or prerecorded call to a cell phone that does not sell anything, such as an appointment reminder, needs “prior express consent.” Giving your number for that purpose is often enough.
• Telemarketing robocalls. Sales calls and texts made with an autodialer or a prerecorded or artificial voice need “prior express written consent” under 64.1200(f)(9). That means a signed agreement (electronic signatures count) that names the seller, covers robocalls, lists your number, and states that you do not have to agree to buy anything.

Our page on what counts as prior express written consent walks through the disclosure language line by line.

Recent TCPA Rule Changes: What Changed From 2024 to 2026

The TCPA rules have shifted several times in the past few years, and the newest consent revocation changes have been adopted but are not yet in force.

The one-to-one rule would have required consent to contact one seller at a time and to cover only calls logically and topically tied to the website where you signed up. The Eleventh Circuit held that the FCC exceeded its authority because consent, in its ordinary meaning, requires only that a person clearly and unmistakably agree.

Can You Sue Under the TCPA? Private Rights of Action Explained

The statute creates two private rights of action:

• Section 227(b)(3) covers violations of subsection (b) “or the regulations prescribed under this subsection.” That includes robocalls without consent, prerecorded calls to home lines, and junk faxes. It provides statutory damages for each violation, and a court can increase them for willful or knowing violations.
• Section 227(c)(5) covers the Do Not Call rules. You must have received more than one call within a twelve-month period from or on behalf of the same company. It also provides per-violation statutory damages, with an increase for willful or knowing violations.

Rules adopted under subsection (d), which covers technical standards such as identification in prerecorded messages and fax headers, are a harder fit. A Maryland appellate court, citing earlier precedent, said section 227(d) does not provide a private right of action. Plaintiffs often plead these failures as part of a (b) or (c) claim instead. The dollar side is covered on our TCPA penalties page.

Deadlines to file apply to these claims, so it is smart to talk with a lawyer soon after the calls happen rather than waiting.

Telemarketing Sales Rule vs. TCPA: How the FTC Rule Fits In

The FTC’s Telemarketing Sales Rule mirrors several FCC rules. It bans outbound sales calls to a person’s home outside reasonable daytime hours without consent (16 CFR 310.4(c)). It bans calls to numbers on the Registry without a signed written agreement or an established business relationship (310.4(b)(1)(iii)(B)). It also requires telemarketers to transmit caller ID (310.4(a)(8)).

But a private suit under the Telemarketing Act, 15 U.S.C. 6104, requires a very high amount of actual damages per person, far more than a typical consumer loses. For an ordinary consumer, the TCPA is the practical route, and a TSR violation is mostly useful as the basis for a complaint to the FTC or your state attorney general.

TCPA Exemptions: Calls the Rules Do Not Cover

• Live, hand-dialed calls that are not sales calls, such as most political surveys, fall largely outside the rules.
• Calls on behalf of tax-exempt nonprofits are excluded from the definition of “telephone solicitation,” so the Do Not Call and calling-hours rules do not reach them.
• Debt collection calls are not telemarketing. They still need consent if made with an autodialer or prerecorded voice to a cell phone. The former exception for government-backed debt was struck down in Barr v. AAPC.
• Business phone lines are not protected by the National Do Not Call Registry, according to the FTC. Robocall and fax rules can still apply.

How to Tell If a Robocall or Sales Call Broke the TCPA

Write down what happened on each call: live person or recording, sales pitch or not, cell or landline, time of day, and whether your number was on the Registry. That tells you which rule applies. Then compare it to the practices listed in our guide to common TCPA violations, and log each call as it comes in with the evidence call log. If more than one rule was broken on the same calls, a lawyer can tell you how the claims fit together.

TCPA FAQ: Common Questions About FCC Robocall Rules

What are the main TCPA requirements for businesses?

Get prior express consent before autodialed or prerecorded calls to cell phones, and written consent for telemarketing robocalls. Scrub sales call lists against the National Do Not Call Registry, call only during permitted daytime hours in the recipient’s time zone, identify yourself, and honor stop requests promptly.

Is the FCC one-to-one consent rule in effect?

No. The Eleventh Circuit vacated it in early 2025, before it took effect, and the FCC later removed the language from 47 CFR 64.1200. The older definition of prior express written consent still applies.

Has the FCC changed the “revoke all” opt-out rule?

Yes. In fall 2026, the FCC adopted an order that allows callers to limit an opt-out from informational calls to the category the consumer rejected and to designate an exclusive opt-out method. The changes take effect after publication in the Federal Register. Telemarketing opt-outs still apply to all telemarketing robocalls.

Can I sue a company for breaking an FCC TCPA rule?

You can sue for violations of rules issued under 47 U.S.C. 227(b) and, if you received more than one call in a twelve-month period, the Do Not Call rules under 227(c). Some identification rules issued under 227(d) may not support a private lawsuit on their own.

Do courts have to follow FCC interpretations of the TCPA?

Not anymore. In McLaughlin Chiropractic v. McKesson, the Supreme Court held that district courts decide the statute’s meaning themselves, giving the FCC’s view appropriate respect but not binding weight.