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The Telephone Consumer Protection Act (TCPA)

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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.

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.

Congress amended the TCPA to require telemarketers to create and maintain company-specific do-not-call lists that consumers could add themselves to.

The FCC and FTC established the national Do-Not-Call Registry, covering all telemarketers (with limited nonprofit exceptions) for both interstate and intrastate calls.

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.

The 2015 Budget Bill created a TCPA exception allowing debt collectors to robocall consumers with federally-backed debt (student loans, mortgages, tax debt, etc.).

On July 5, 2020, the Supreme Court upheld the TCPA and struck down the 2015 debt collector exception, closing that loophole.

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.

Businesses sending messages to both US and Canadian recipients must comply with both frameworks:

AspectTCPA (US)CASL (Canada)
ScopeRobocalls, SMS, faxAll commercial electronic messages
ConsentPrior express written consent for marketingExpress or implied consent
Opt-outMust honor immediatelyMust honor within 10 business days
Penalties$500–$1,500 per violationUp to $10M per business

See What is CASL? for full CASL details.

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

1 Canadian Anti-Fraud Centre 2 First Orion 2021 Scam Call Trends