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November 2026 · Vobiz Team The TCPA is the primary US federal law governing automated calls, SMS, and robocalls to consumers — and it applies to any business that contacts US numbers, regardless of where the business is located. For teams deploying AI voice agents or SMS campaigns that reach US consumers, TCPA compliance is non-negotiable: violations carry $500–$1,500 per call or message, and class action exposure can run into tens of millions.
Key takeaways
  • TCPA requires prior express written consent before making marketing calls or sending marketing SMS using automated systems to US consumers
  • The FCC confirmed in 2024 that AI-generated voice calls require the same written consent standard as pre-recorded robocalls
  • Consumers can revoke consent at any time — opt-outs must be honoured within 10 business days
  • Do Not Call (DNC) registry scrubbing is mandatory before every outbound campaign to US numbers
  • TCPA applies to any business calling US numbers — location of the sender is irrelevant

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What TCPA covers

TCPA (47 U.S.C. § 227), enacted in 1991 and regularly updated by the FCC, regulates:
  • Automated telephone dialling systems (ATDS): Equipment that can store or produce numbers to be called using a random or sequential number generator, and dial those numbers automatically
  • Pre-recorded or artificial voice calls: Any call that plays a pre-recorded message or uses a synthesised/AI-generated voice
  • SMS text messages: Treated the same as calls for TCPA purposes when sent using an ATDS
  • Fax transmissions: Unsolicited faxes to businesses and consumers
TCPA distinguishes consent requirements by call type: Written consent requirements: Must be a signed agreement (wet signature, e-signature, or digital opt-in) that clearly and conspicuously authorises the specific business to contact the consumer using automated means. Pre-checked boxes do not qualify. Bundling consent with terms of service does not qualify.

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AI voice calls and TCPA — the 2024 FCC ruling

In February 2024, the FCC issued a declaratory ruling confirming that AI-generated voices in robocalls fall under TCPA’s artificial voice restriction. This applies to:
  • AI voice agents making outbound calls using LLM + TTS — even if the conversation is dynamic and responsive, not pre-recorded
  • Deepfake voice calls using cloned celebrity or personal voices
  • Any automated outbound call where the voice is synthesised rather than a live human
Practical implication: Any business using Vobiz + Retell AI, Vapi, ElevenLabs, or any AI voice platform to call US consumers must have prior express written consent from each recipient before dialling. The standard is the same as pre-recorded robocalls.

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Do Not Call (DNC) rules

TCPA is enforced alongside the FTC’s National Do Not Call Registry rules:
  • Registry scrubbing: Before any outbound campaign to US consumers, scrub the contact list against the National DNC Registry. Numbers registered for 31+ days are off-limits for marketing calls
  • Company-specific DNC: Maintain your own internal DNC list of consumers who have asked not to be called. Must be honoured indefinitely
  • B2B exemption: DNC rules apply to residential numbers. Business-to-business calls have more flexibility, but ATDS and pre-recorded voice rules still apply

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Quiet hours

TCPA prohibits calls and SMS to residential numbers outside these hours in the recipient’s local time zone: Calls or messages outside these hours violate TCPA regardless of consent.

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Opt-out obligations

Consumers have the right to revoke consent at any time, by any reasonable means:
  • SMS opt-outs: STOP, UNSUBSCRIBE, CANCEL, END, QUIT — must be honoured within 10 business days. Vobiz handles STOP responses automatically on SMS campaigns
  • Voice opt-outs: Any verbal revocation during a call (“take me off your list”, “don’t call me again”) must be honoured
  • Written opt-out: Email, letter, or online form revocations are valid
After a consumer opts out, contacting them again on the same channel is a fresh TCPA violation.

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Penalties and enforcement

TCPA is a private right of action — consumers can sue directly without going through a regulator. Class action suits are common and have produced settlements of $10M–$75M. There is no de minimis threshold: a single unconsented text message is actionable.

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TCPA and international senders

TCPA jurisdiction is based on where the recipient is located, not the sender. This means:
  • An Indian company running outbound AI call campaigns to US mobile numbers must comply with TCPA
  • An EU company sending SMS marketing to US subscribers must comply with TCPA
  • Routing calls through a third country does not create any exemption
For businesses outside the US that send to US numbers, TCPA compliance must be built into the campaign workflow before the first call or message is sent.

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TCPA vs India’s TRAI regulations

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Checklist for TCPA compliance on Vobiz

  • Obtain prior express written consent before any automated marketing call or SMS to US numbers
  • Obtain prior express written consent before any AI voice agent outbound call to US consumers
  • Scrub contact lists against the National DNC Registry before every campaign
  • Maintain an internal DNC list and honour all opt-out requests
  • Respect quiet hours (8am–9pm recipient local time)
  • Configure SMS opt-out keywords (STOP, UNSUBSCRIBE) — Vobiz handles these automatically
  • Register your SMS campaign via 10DLC before texting US long-code numbers at scale
  • Review consent language with legal counsel — verbal consent is insufficient for marketing