TCPA (Telephone Consumer Protection Act)
The US law on marketing calls and texts: consent before autodialed or AI-voiced calls, the Do Not Call list, and damages counted per call or message.
The 1991 law requires prior express consent for autodialed or artificial or prerecorded voice calls to mobile phones, and prior express written consent when they are telemarketing; text messages count as calls. In February 2024 the FCC ruled that AI-generated voices are “artificial” voices, so AI voice agents calling out need consent. People can sue for $500 per violation, up to $1,500 if willful, which makes TCPA a favorite of class actions. Since the Supreme Court’s June 2025 McLaughlin decision, courts no longer have to follow the FCC’s reading of the statute, so rulings can differ by circuit. From November 25, 2026 the FCC’s order 26-67 lets callers name exclusive opt-out methods (a key press, one of seven standard reply words, or a set website or number), disclosed in every call or text; without them any reasonable means still counts, and opt-outs must be honored within ten business days.
Related terms
- CAN-SPAM Act: The US law for commercial email: honest headers and subjects, a postal address, a working opt-out and honoring it within 10 business days.
- CCPA and CPRA (California privacy law): California’s consumer privacy law: rights to know, delete, correct and opt out of the sale or sharing of personal data, browser signals included.
- US state AI laws (Colorado, California, Texas): With no federal AI law, US states regulate AI themselves, mostly through disclosure duties and rules for automated decisions about people.
- AI Act transparency duties (Article 50): Since August 2, 2026 people must be told when they talk to an AI, and AI-generated content must be marked; this covers most business uses of AI.
