TCPA
The Telephone Consumer Protection Act is the 1991 US federal law governing automated calls, prerecorded messages, texts, and faxes. It is the statute most business calling compliance questions ultimately resolve to.
By Graham Thomson · Updated August 2, 2026
Definition
Definition
The TCPA restricts how businesses may reach consumers by phone. Its core mechanisms are consent requirements for automated calling and texting, the national Do Not Call registry, time-of-day restrictions on telemarketing, identification requirements, and a private right of action that lets recipients sue directly. That last element is what gives the statute its force: enforcement does not depend on a regulator choosing to act.
Two consent standards do most of the work. Prior express consent — typically satisfied when someone gives you their number for a purpose — covers informational contact such as appointment reminders and service notifications. Prior express written consent is required before marketing or advertising, must disclose that automated calls or texts are involved, and cannot be a condition of purchase. Businesses get into difficulty by collecting consent for the first purpose and then using it for the second.
Text messages are treated as calls under the statute, which surprises people. The same consent framework applies to SMS, which is why marketing texts carry opt-in language and why STOP handling is not merely a courtesy. Rules continue to evolve through FCC orders and litigation, so a compliance posture set several years ago is worth re-checking.
When this matters
Any business that texts customers, uses automated reminders, or does outbound calling to consumer numbers is inside this framework whether or not it realizes it. It matters less for purely inbound businesses that only ever return calls to people who dialled them first. Because damages accrue per message or call, the risk scales with volume rather than with intent.
How VeraDial relates
How this fits with VeraDial
STOP and HELP are handled automatically
VeraDial processes inbound STOP as an opt-out and blocks further sends to that number, and answers HELP with support information. Both are case-insensitive. Automated handling reduces one common failure mode, but it does not make an account compliant on its own — consent for who you contact remains yours to obtain and evidence.
Sources
References used for this definition
- FCC guidance on unwanted robocalls and texts
Official summary of TCPA-derived consumer protections, consent, and opt-out rights.
FAQ
Does the TCPA apply to a small business?
Yes. The statute turns on the type of communication rather than the size of the sender. A sole proprietor texting appointment reminders is inside the same framework as a national brand, though the practical risk scales with how many messages go out.
What is the difference between express and written consent?
Prior express consent generally follows from someone giving you their number for a purpose, and covers informational contact. Prior express written consent is required before marketing, must state that automated calls or texts are involved, and cannot be required as a condition of buying something. Marketing to a number collected only for service reminders is the classic mistake.
Do text messages count under the TCPA?
Yes. Courts and the FCC treat SMS as calls for these purposes, so the consent standards, opt-out obligations, and identification expectations all carry over. This is why STOP handling is a legal mechanism rather than a nicety.
Does an AI receptionist create TCPA exposure?
Answering inbound calls does not, because no call is being placed to anyone. Outbound AI calling does sit inside the framework — the FCC's 2024 ruling treats AI-generated voices as artificial, so consent and identification obligations apply to the calls you originate.
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