United States. ePrivacy / marketing. Act

TCPATelephone Consumer Protection Act of 1991 (47 U.S.C. § 227)

In force
Partly verifiedMedium confidence. Not re-verified against a primary source in this session (search budget exhausted); details from established knowledge.

§1Summary

Synopsis

Restricts telemarketing calls, autodialled and prerecorded/artificial-voice calls and texts to mobiles, and unsolicited faxes. Requires prior express (written, for marketing) consent and honours Do Not Call lists.

Key themes
  • robocalls
  • text messages
  • prior express written consent
  • Do Not Call
  • AI-generated voices
Unique features

Private right of action with statutory damages per call drives large class actions; FCC confirmed in 2024 that AI-generated voices are 'artificial'.

SaaS relevance

SaaS offering SMS/voice campaigns, or using SMS for marketing, must manage consent capture and opt-outs.

§2Obligations

Extraterritorial
Limited
Breach notification
None
DPO
No
Cross-border transfers
None
Maximum penalty
$500 per call/text, trebled to $1,500 if wilful (private action)

§3Dates

Key dates
  • Adopted
  • In force
  • FCC rules 47 C.F.R. 64.1200; National Do Not Call Registry 2003; FCC 'one-to-one consent' rule vacated by 11th Cir. in January 2025; McLaughlin Chiropractic (US Sup. Ct. 2025) ended binding deference to FCC interpretations.

§4Text and authority

Text
Authority
Federal Communications Commission (FCC); state AGs; private litigants

§5Where it applies

Domestic law of
United States
Also applies in

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Not re-verified against a primary source in this session (search budget exhausted); details from established knowledge.