TCPA · What is the TCPA?
What is the TCPA?
The TCPA, short for the Telephone Consumer Protection Act, is a US law that limits robocalls, texts, junk faxes and sales calls. Congress passed it in 1991. This is a summary, not legal advice.
What the TCPA covers
- Robocalls and autodialed calls to cell phones. Calls made with an autodialer, or with a recorded or computer voice, need the person’s consent ahead of time, with a few exceptions (47 U.S.C. 227(b)(1)(A)).
- Recorded calls to home phones. A call to a home line with a recorded or computer voice needs consent, with some exceptions (47 U.S.C. 227(b)(1)(B)).
- Texts. FCC rules ban texts to a cell phone sent with an autodialer, unless the person agreed or it is an emergency (FCC guide).
- Junk faxes. Ads nobody asked for may not be sent to fax machines, with some exceptions (47 U.S.C. 227(b)(1)(C)).
- Calling hours. No sales calls to homes before 8 a.m. or after 9 p.m., in the called person’s time zone (47 CFR 64.1200(c)(1)).
- Do-not-call lists. No sales calls to numbers on the National Do Not Call Registry, and companies keep their own do-not-call list too (47 CFR 64.1200(c)(2), (d)). What is the Do Not Call list?
What counts as consent for marketing
For marketing calls made with an autodialer or a recorded voice, the FCC asks for prior express written consent. That is a signed agreement that names the phone number and clearly says the person agrees to these calls. It must also say they do not have to agree in order to buy anything. An electronic signature counts (47 CFR 64.1200(f)(9)).
People can take back their consent in any reasonable way, such as replying STOP to a text. Companies must honor it within 10 business days (47 CFR 64.1200(a)(10)).
What a violation can cost
A person can sue for $500 for each violation, or for the money they lost if that is more. If the violation was willful or knowing, a court can make it up to three times as much: up to $1,500 (47 U.S.C. 227(b)(3)).
For do-not-call violations, a person who got more than one call in 12 months from the same company can sue for up to $500 for each violation, and up to three times that if it was willful or knowing (47 U.S.C. 227(c)(5)).
How to show someone agreed
If someone sues, you need to show they agreed. Kapture reads the consent: it captures the exact wording on the page, word for word, the moment the person agrees. You can replay the page as they saw it, and each record is kept in your own connected storage.
Kapture is $0.001 per lead recording, or $0.005 a hosted form with recording, with your own connected storage. New accounts get 2,000 free tokens, no card needed.
A record shows what happened. It can’t promise a legal outcome, so have a lawyer check your wording.
What a consent record has to contain How long to keep it Is it legal to record phone calls?
Questions
- What does TCPA stand for?
- Telephone Consumer Protection Act: a US law from 1991 that limits robocalls, autodialed calls and texts, junk faxes and sales calls.
- Does the TCPA apply to text messages?
- Yes. FCC rules ban texts to a cell phone sent with an autodialer, unless the person agreed or it is an emergency.
- How much is a TCPA violation?
- $500 for each violation, or the money lost if that is more, and up to three times as much if it was willful or knowing (47 U.S.C. 227(b)(3)). This is a summary, not legal advice.
- What time can telemarketers call?
- Between 8 a.m. and 9 p.m., in the called person’s time zone (47 CFR 64.1200(c)(1)).
- How much does Kapture cost?
- $0.001 per lead recording, or $0.005 a hosted form with recording, with your own connected storage. New accounts get 2,000 free tokens, no card needed.