> ## Documentation Index
> Fetch the complete documentation index at: https://www.vobiz.ai/docs/llms.txt
> Use this file to discover all available pages before exploring further.

# What Is TCPA? Telephone Consumer Protection Act for Voice & SMS

> TCPA is the US federal law governing automated phone calls, SMS, and robocalls to consumers. Consent requirements, Do Not Call rules, opt-out obligations, and how TCPA applies to AI voice agents and business SMS sending to US numbers.

*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.

> [!NOTE]
>
> **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

## 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

## The three consent tiers

TCPA distinguishes consent requirements by call type:

| Contact type | Consent required | Form |
| - | - | - |
| Informational calls (live agent, no ATDS) | None required | — |
| Informational calls/SMS (ATDS, to number consumer provided) | Prior express consent | Oral or written agreement |
| Marketing calls/SMS (ATDS or pre-recorded) | Prior express **written** consent | Signed written agreement |
| AI-generated voice calls (any purpose) | Prior express **written** consent | Signed written agreement |
| Emergency calls | None required | — |

**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.

## 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.

## 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

## Quiet hours

TCPA prohibits calls and SMS to residential numbers outside these hours in the **recipient's local time zone**:

| Day | Permitted hours |
| - | - |
| Any day | 8:00 AM – 9:00 PM (recipient's local time) |

Calls or messages outside these hours violate TCPA regardless of consent.

## 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.

## Penalties and enforcement

| Violation | Statutory damages |
| - | - |
| Standard violation (per call/text) | \$500 |
| Wilful or knowing violation | Up to \$1,500 |
| FCC forfeiture (robocall rules) | Up to \$23,000 per violation |

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.

## 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.

## TCPA vs India's TRAI regulations

| Dimension | TCPA (US) | TRAI/TCCCPR (India) |
| - | - | - |
| **Governing body** | FCC (Federal Communications Commission) | TRAI (Telecom Regulatory Authority of India) |
| **Consent for marketing** | Prior express written consent | Opt-in registration on DLT platform |
| **Number series** | Any 10-digit number (long code, toll-free) | 140-series for B2C outbound |
| **DNC registry** | FTC National DNC Registry | NDNC / UCC registry |
| **Quiet hours** | 8am–9pm recipient local time | 9am–9pm |
| **AI call rules** | Written consent required (2024 FCC ruling) | TCCCPR Third Amendment — declaration required |
| **Penalties** | $500–$1,500 per violation (private right of action) | Disconnection of resources, blacklisting |
| **SMS registration** | 10DLC campaign registration via The Campaign Registry | DLT template registration |

## 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

## Related

* [A2P 10DLC registration](https://www.vobiz.ai/docs/blogs/what-is-a2p-10dlc.md) — US SMS campaign registration
* [STIR/SHAKEN caller ID authentication](https://www.vobiz.ai/docs/blogs/what-is-stir-shaken.md) — how the US verifies caller identity
* [US calling regulations](https://www.vobiz.ai/docs/compliance/us/calling-regulations.md) — full US voice compliance reference
* [US SMS regulations](https://www.vobiz.ai/docs/compliance/us/sms-regulations.md) — TCPA for SMS, 10DLC, quiet hours
* [India calling regulations](https://www.vobiz.ai/docs/compliance/india/calling-regulations.md) — TRAI, 140-series, NDNC
* [Global compliance overview](https://www.vobiz.ai/docs/compliance/overview.md) — India, US, EU compliance at a glance


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