A telemarketer may be breaking federal law if it calls a number on the National Do Not Call Registry repeatedly, uses a recorded or AI voice for a sales pitch without your written consent, keeps calling after you ask it to stop, calls late at night or early in the morning, or hides who it is. In many of these situations, the Telephone Consumer Protection Act (TCPA) lets you recover statutory damages for each violation, and more if the company acted willfully.
Federal Telemarketing Laws: The TCPA and the Telemarketing Sales Rule
Telemarketing itself is legal. Illegal telemarketing is common. What separates the two is a short list of rules from two federal sources: the Telephone Consumer Protection Act, along with the FCC’s rules that implement it, and the FTC’s Telemarketing Sales Rule (TSR). The TCPA gives consumers a private right to sue. The TSR is mainly enforced by the FTC and state attorneys general.
| Telemarketing rule | Source | Can you sue? |
|---|---|---|
| No sales calls to numbers on the National Do Not Call Registry | TCPA / FCC rules; TSR | Yes, after more than one call from the same seller within a year |
| Honor your personal do-not-call request within a short time | TCPA / FCC rules | Yes |
| No telemarketing calls before 8 a.m. or after 9 p.m. your local time | TCPA / FCC rules | Yes |
| No prerecorded or artificial voice sales calls without prior express written consent | TCPA / FCC rules | Yes, starting with the first call |
| Identify the seller and provide contact information | TCPA / FCC rules | Often included alongside other claims |
| Transmit accurate caller ID | TSR | Not directly; the FTC enforces it |
| Do not abandon calls; connect you to a live person quickly after you answer | TSR; FCC rules | Not directly; regulators enforce it |
Do Not Call Registry Violations: The Two-Call Rule for Lawsuits
The TCPA’s private Do Not Call claim belongs to a person who has received more than one telephone call within a 12-month period by or on behalf of the same company in violation of the rules. In practice, one call is a complaint. Two or more calls from the same seller within a year to a number on the Registry can result in a lawsuit. Damages are up to $500 per violation, and a court can triple that amount if the violation was willful or knowing.
Two points people often miss:
- Live calls count. The Do Not Call rule does not require a recording or an autodialer. A human sales rep dialing by hand can still violate it.
- “On behalf of” counts. Calls from different call centers selling the same company’s product can add up against that company. See how liability works when a vendor places the calls.
One more detail: telemarketers only have to update their copy of the Registry about once a month, so calls during the first few weeks after you register may not count against them.
Consent and Established Business Relationships: When Telemarketers Can Legally Call
A seller can call a Registry number if you gave it signed, written permission, or if it has an “established business relationship” with you. That relationship generally lasts about a year and a half after your last purchase or transaction, and only a few months after a simple inquiry or application. Once you tell the company to stop calling, the relationship no longer excuses future calls.
For recorded or artificial voice sales calls, the bar is higher. The FCC requires “prior express written consent”: a written agreement signed by you (electronic signatures count) that clearly authorizes the seller to send you telemarketing calls using a recording or autodialer. Many cases turn on whether that consent really exists, such as a web form you never filled out or a checkbox buried on a site selling something else. Our page on what written consent requires covers the details.
Major TCPA Enforcement Case: United States v. DISH Network
In United States v. DISH Network L.L.C., 954 F.3d 970 (7th Cir. 2020), federal and state regulators took a major satellite TV provider to court over its telemarketing practices. The trial court found that the company and the retailers selling its service had made an enormous number of illegal sales calls, and it imposed one of the largest telemarketing penalties on record. On appeal, the court largely upheld the company’s responsibility for those calls, including those placed by outside sellers acting on its behalf, while asking the lower court to reconsider how the penalty was calculated. The case was eventually resolved with a substantial settlement.
The case shows how seriously courts treat Do Not Call violations, abandoned calls, and prerecorded sales calls, the same kinds of calls consumers report every day. It also shows that a company can be held responsible for calls made by the vendors and retailers that sell its products.
What Is Not a Telemarketing Violation Under the TCPA
- Informational calls that do not sell anything, such as appointment reminders or fraud alerts from your bank. Different rules apply to those.
- Calls from a tax-exempt nonprofit asking for donations, which fall outside the definition of “telephone solicitation.”
- Political calls by a live person. They are not telephone solicitations, though recorded political calls to cell phones still need consent.
- A single call from a seller to a Registry number in a year. It breaks the rules, but it does not open the private right to sue.
- Calls you actually asked for, like a quote request you submitted, until you tell the company to stop.
Can You Sue Under the Telemarketing Sales Rule?
Rarely. The federal Telemarketing Act allows a private person to sue only when illegal telemarketing caused very large actual losses to that person, with a dollar threshold that most consumers will never reach. That is why nearly all consumer cases rely on the TCPA instead. TSR violations still matter as supporting evidence and as grounds for an FTC complaint.
How to Document Unwanted Telemarketing Calls for a TCPA Claim
- Confirm your Registry status at donotcall.gov and save the confirmation showing your registration date. Registrations do not expire.
- Get the seller’s name. Ask “What company are you calling for?” and note the product they pitched.
- Make a clear do-not-call request. Say “Put me on your do-not-call list” and write down the date. That starts the company’s deadline to stop.
- Log every call, including missed ones, with the date, time, and caller ID number.
- Save recordings and voicemails. A recorded or robotic voice can add a separate claim on top of the Do Not Call claim.
What to Do If a Telemarketer Won’t Stop Calling
If you are on the Registry and the same seller has called you more than once in the past year, you may have a Do Not Call claim. Write down the company name and the call dates, then read our step-by-step guide on how to sue a telemarketer. If the calls used a recording, review the Do Not Call list rules and the prerecorded voice rules together, since both can apply to the same call. A free case review can tell you which claims fit your situation.
Telemarketing Laws FAQ
How many times can a telemarketer legally call you?
If your number is on the National Do Not Call Registry, and you have no relationship with the seller, the answer is zero. Your right to sue begins when the same seller calls more than once within a year. If you are not on the Registry, a seller must stop within a short period after you ask.
Can I sue a telemarketer for calling my number on the Do Not Call list?
Yes, if the same company calls you more than once within a year. The TCPA allows up to $500 per violation, and up to $1,500 per violation if the company acted willfully or knowingly.
Is it illegal for telemarketers to call after 9 p.m.?
Yes. Sales calls are allowed only between 8 a.m. and 9 p.m. in your local time zone.
Do Do Not Call rules apply to live callers or only robocalls?
Both. The Do Not Call rules cover live sales calls. The prerecorded voice rules apply only when a recording or artificial voice is used.