TCPA Explained: Robocall, Text, and Telemarketing Law (2026)
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Frequently Asked Questions
Does the TCPA make it illegal for a company to record my call?
No. The TCPA, 47 U.S.C. § 227, regulates unsolicited robocalls, robotexts, and faxes, not the recording of a call already in progress. Whether a call can be recorded, and whether one party or all parties must consent, is governed by the federal Wiretap Act (18 U.S.C. § 2511(2)(d)) and state recording-consent statutes; see recordinglaw.com's US recording laws by state guide for that separate body of law.
What is the difference between express consent and express written consent under the TCPA?
Express consent can be given informally, including by providing your phone number for a purpose related to the call, and covers non-marketing autodialed or prerecorded calls. Express written consent is a signed agreement that clearly authorizes a specific business to send telemarketing calls or texts using an autodialer or prerecorded voice, required under 47 C.F.R. § 64.1200(a)(2) and (f)(9) for most marketing robocalls and robotexts.
How do I stop unwanted robocalls and texts?
You can register your number at donotcall.gov, reply STOP to unwanted marketing texts, and ask a specific caller directly to stop, which the company must honor. Registration mainly blocks telemarketing sales calls; it does not stop political calls, calls from charities calling on their own behalf, surveys, or scam calls that ignore the law entirely.
Does the National Do Not Call Registry stop all calls?
No. It targets telemarketing sales calls. Political campaigns, charities calling on their own behalf, pollsters, debt collectors, and companies with a recent business relationship with you can generally still call, subject to their own limits under FTC and FCC rules.
How much money can I get for a TCPA violation?
The TCPA allows $500 in statutory damages for each violation, or actual damages if higher, under 47 U.S.C. § 227(b)(3). A court can increase the award up to $1,500 per violation if it finds the conduct knowing or willful. See the TCPA damages and lawsuits guide for how these figures apply in real settlements.
Can I revoke my consent to be called or texted?
Yes. Under 47 C.F.R. § 64.1200(a)(10), you can revoke consent at any time using any reasonable method, including replying STOP to a text or telling the caller directly, and the caller must stop within 10 business days.
Who enforces the TCPA?
The FCC writes and enforces the TCPA's implementing rules and can pursue its own enforcement actions. Consumers also have a private right of action under 47 U.S.C. § 227(b)(3) and § 227(c)(5) to sue callers directly in state or federal court, which is why most TCPA cases are brought by individuals or class actions rather than by the government.
Is a company allowed to text me marketing offers if I only gave my number for a purchase confirmation?
Not automatically. Consent for one type of contact, such as a delivery update, does not by itself count as the prior express written consent required for marketing texts sent by autodialer under 47 C.F.R. § 64.1200(a)(2). The scope of what you agreed to depends on the specific disclosure you were given when you provided your number.
Sources and References
- 47 U.S.C. § 227, Telephone Consumer Protection Act restrictions on autodialed, prerecorded, and telemarketing calls, texts, and faxes(law.cornell.edu)
- 47 C.F.R. § 64.1200, FCC delivery restrictions implementing the TCPA (consent, do-not-call, revocation, prerecorded-message disclosures)(ecfr.gov).gov
- FCC Consumer Guide: Stop Unwanted Robocalls and Texts(fcc.gov).gov
- FCC Enforcement: Unlawful Communications (Robocalls, Do-Not-Call Registry, Junk Faxes)(fcc.gov).gov
- National Do Not Call Registry (FTC)(donotcall.gov).gov
- FTC: Q&A for Telemarketers and Sellers About DNC Provisions in the Telemarketing Sales Rule(ftc.gov).gov
- Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), Supreme Court narrowing the TCPA's autodialer definition(supremecourt.gov).gov
- 18 U.S.C. § 2511, federal Wiretap Act, one-party consent exception at § 2511(2)(d)(law.cornell.edu)