TCPA

The Telephone Consumer Protection Act restricts telemarketing calls, calls and texts made with an autodialer or an artificial or prerecorded voice, and unsolicited faxes. It created the National Do Not Call Registry and lets individuals sue for statutory damages per call or text, which is why it produces thousands of lawsuits each year.

Text messages count as calls. The FCC has also ruled that AI-generated voices are artificial voices under the law, so AI voice agents fall within its consent rules.

• Anyone making telemarketing calls or texts, or calls and texts using an automatic telephone dialing system or an artificial or prerecorded voice, to people in the United States.
• Sellers are responsible for calls made by vendors and lead generators on their behalf in many circumstances.
• Many states have their own telemarketing laws, some stricter, such as Florida's and Oklahoma's.

People can put their number on the National Do Not Call Registry, ask a company to add them to its internal do-not-call list, and revoke consent by any reasonable method, including replying "stop" to a text. They can sue for statutory damages per violation, trebled for willful or knowing violations.

A private right of action for $500 per violation, up to $1,500 if willful or knowing, with no cap, so class actions over large campaigns can be very costly. The FCC and state attorneys general also enforce, and the FCC can impose forfeitures.

1. Map every calling and texting program, including vendors and lead sources.
2. Get prior express written consent before telemarketing with an autodialer or artificial or prerecorded voice, including AI voices, and keep the record.
3. Scrub against the National Do Not Call Registry and your internal list.
4. Honor opt-outs made by any reasonable method within 10 business days.
5. Respect calling hours: not before 8 a.m. or after 9 p.m. at the called party's location.
6. Check state telemarketing laws where you call.