The TCPA: The Federal Law That Protects You From Spam Calls and Texts
Passed by Congress in 1991 and significantly updated over the decades, the Telephone Consumer Protection Act (TCPA) is one of the most powerful consumer protection laws in the United States. It restricts how and when companies can use automated technology to contact you — and it gives you the right to sue when they don't follow the rules.
What Does the TCPA Cover?
- Autodialed calls to cell phones
- Pre-recorded or artificial voice messages
- Text messages (SMS and MMS) sent using automated systems
- Unsolicited fax advertisements
- Calls and texts that violate Do Not Call registry rules
What Counts as a Violation?
A TCPA violation generally occurs when a company:
- Calls or texts your cell phone using an autodialer without your prior express written consent
- Leaves a pre-recorded message on your cell phone without consent
- Contacts you after you have revoked consent (e.g., after you texted STOP)
- Calls your number, which is registered on the Do Not Call list
- Continues to call or text after you have asked them to stop
What Is "Prior Express Written Consent"?
This is the key phrase in most TCPA cases. For marketing messages, companies need your prior express WRITTEN consent before using automated technology to contact you. That means:
- A checkbox you ticked on a website form agreeing to receive texts/calls
- A signed paper form explicitly authorizing the contact
- A digital signature on a disclosure that named the contacting company
Verbal consent, assumed consent, or consent buried in fine print often doesn't meet the legal standard. If you never clearly agreed to be contacted, you may have a claim.
How Much Is a Violation Worth?
Standard violation
$500 per call or text message
Willful or knowing violation
Up to $1,500 per call or text message
Do Not Call violation
$500 per call (doubled if willful)
Multiple messages/calls
Each individual message is typically a separate violation
Common Questions About the TCPA
Does the TCPA apply to calls from nonprofits or political campaigns?
The TCPA does apply to many calls from nonprofits and political campaigns, though there are some exemptions. Pre-recorded calls to cell phones without consent are generally prohibited regardless of who is calling.
What about calls from my bank or healthcare provider?
There are some exemptions for certain informational calls (like fraud alerts or appointment reminders), but they are narrow. If the call had a marketing element, or if you never consented, you may still have a claim.
Does it matter if I answered the call or read the text?
Generally no — the violation occurs at the point the call is placed or the text is sent, not when it is received or read.
Think you received an illegal call or text? Tell us what happened.
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