The Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA)
Section titled “The Telephone Consumer Protection Act (TCPA)”The TCPA (Telephone Consumer Protection Act) is a US federal law enacted in 1991 that places restrictions on telemarketing calls, robocalls, autodialed calls, and unsolicited faxes. It is one of the primary pieces of consumer protection legislation governing outbound business communications in the United States.
A Brief History
Section titled “A Brief History”1991: The TCPA is Enacted
Section titled “1991: The TCPA is Enacted”Congress enacted the TCPA to protect consumers from unwanted telemarketing calls to residential lines, unsolicited faxes, and autodialed calls to mobile phones. The law applied to robocalls from telemarketers, businesses, debt collectors, and political campaigns.
1992: Do-Not-Call Lists Required
Section titled “1992: Do-Not-Call Lists Required”Congress amended the TCPA to require telemarketers to create and maintain company-specific do-not-call lists that consumers could add themselves to.
2003: The National Do-Not-Call Registry
Section titled “2003: The National Do-Not-Call Registry”The FCC and FTC established the national Do-Not-Call Registry, covering all telemarketers (with limited nonprofit exceptions) for both interstate and intrastate calls.
2012: Written Consent Required
Section titled “2012: Written Consent Required”Since 2012, telemarketers must obtain written consent from consumers before robocalling them. They can no longer rely on an “established business relationship” as an exemption, and every robocall must provide an automated opt-out mechanism.
2015: Debt Collector Exception Created
Section titled “2015: Debt Collector Exception Created”The 2015 Budget Bill created a TCPA exception allowing debt collectors to robocall consumers with federally-backed debt (student loans, mortgages, tax debt, etc.).
2020: Exception Eliminated
Section titled “2020: Exception Eliminated”On July 5, 2020, the Supreme Court upheld the TCPA and struck down the 2015 debt collector exception, closing that loophole.
Why Robocalls Still Exist
Section titled “Why Robocalls Still Exist”The TCPA governs legitimate businesses and call centres operating within the law. It does not effectively address illegitimate telecom fraud — scammers who operate outside legal frameworks entirely. This is why spam and fraud calls continue despite TCPA protections.
TCPA vs CASL
Section titled “TCPA vs CASL”Businesses sending messages to both US and Canadian recipients must comply with both frameworks:
| Aspect | TCPA (US) | CASL (Canada) |
|---|---|---|
| Scope | Robocalls, SMS, fax | All commercial electronic messages |
| Consent | Prior express written consent for marketing | Express or implied consent |
| Opt-out | Must honor immediately | Must honor within 10 business days |
| Penalties | $500–$1,500 per violation | Up to $10M per business |
See What is CASL? for full CASL details.
What This Means for SIPSTACK Customers
Section titled “What This Means for SIPSTACK Customers”SIPSTACK’s Flare SMS platform includes compliance features to help customers meet TCPA and CASL requirements:
- Automatic opt-out (STOP keyword) processing
- Consent tracking per contact
- Message filtering for restricted content categories
References
Section titled “References”1 Canadian Anti-Fraud Centre 2 First Orion 2021 Scam Call Trends