The law on robocalls.

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227, is the main federal law limiting telemarketing calls, texts, and faxes. Here's what it actually prohibits — in plain language.

What the TCPA is

Passed in 1991 and updated since, the TCPA restricts telemarketing and the use of automated dialing equipment. It's enforced by the FCC and through private lawsuits — consumers can sue for $500–$1,500 per violation.

What counts as an autodialer (ATDS)

After Facebook v. Duguid, 592 U.S. 395 (2021), an Automatic Telephone Dialing System is equipment that stores or produces numbers to be called using a random or sequential number generator. A system that only dials a fixed stored list may not qualify — but consent and Do Not Call rules still apply.

What makes a call illegal

Autodialer (ATDS) calls
It's illegal to call a mobile number using an automatic telephone dialing system or an artificial/prerecorded voice without prior express consent — written consent for marketing.
Prerecorded marketing messages
Robocalls with a marketing pitch to a mobile or home line require prior express written consent (47 CFR §64.1200(a)(1)).
Do Not Call list
Telemarketers may not call numbers on the National Do Not Call Registry and must honor your company-specific opt-out requests.
Caller ID spoofing
It's illegal to spoof caller ID with intent to defraud, cause harm, or wrongfully obtain anything of value (47 U.S.C. §227(e)).
Unwanted texts
Marketing text messages need prior express written consent; you must be able to opt out (e.g. reply STOP).

Penalties

Statutory damages run $500 per violation, or up to $1,500 if willful or knowing (47 U.S.C. §227(b)(3)). Many states add their own "mini-TCPA" laws with separate remedies.

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