TCPA Cold Calling Rules 2026: Key Guidelines
Last verified · by Topcalls Team
Quick answer
The TCPA sets statutory damages of $500 per violation for illegal telemarketing calls, rising to up to $1,500 for willful or knowing violations.
$500-$1,500 per violation
The details
The Telephone Consumer Protection Act (TCPA) of 1991 is the federal law that governs telemarketing calls in the United States, enforced through FCC rules, and it works alongside the Federal Trade Commission's Telemarketing Sales Rule (TSR). This is general information, not legal advice, and the details below are the stable core rather than an exhaustive account. Consent is the center of it. Under FCC rules, calls to consumers that use an autodialer or an artificial or prerecorded voice for marketing generally require the recipient's prior express written consent. In a February 2024 declaratory ruling the FCC confirmed that AI-generated voices count as an artificial voice under the TCPA, so an AI cold call to a consumer sits squarely inside these consent rules. What legally counts as an autodialer was narrowed by the Supreme Court in Facebook v. Duguid (2021), which held that an automatic telephone dialing system must use a random or sequential number generator, so the old broad reading no longer controls. Two more rules apply regardless of the dialing technology. Calling hours are restricted: the TSR prohibits telemarketing calls before 8 a.m. or after 9 p.m. in the recipient's local time zone. And list hygiene is mandatory: telemarketers must scrub against the National Do Not Call Registry, re-scrub periodically, and honor a consumer's company-specific do-not-call request by keeping an internal suppression list. Penalties are real. The TCPA allows statutory damages of $500 per violation, which a court can treble to $1,500 for willful or knowing violations, and because damages accrue per call they add up fast at scale. Topcalls supports these workflows with DNC scrubbing, calling-window controls, and consent tracking, but compliance ultimately depends on the consent you hold and how you run your campaigns.
How it compares
| Entity | Value | Category |
|---|---|---|
| Statutory damages per violation | $500, up to $1,500 if willful | Penalty |
| Permitted calling hours | 8 a.m. to 9 p.m. recipient local time | Timing |
| Consent for autodialed or prerecorded marketing | Prior express written consent | Consent |
| National Do Not Call Registry | Scrub and re-scrub, mandatory | List hygiene |
| Company-specific do-not-call request | Honor promptly, keep internal list | List hygiene |
| Autodialer definition (Facebook v. Duguid, 2021) | Random or sequential number generator | Legal scope |
| Topcalls compliance tooling | Supports TCPA, TSR, DNC, GDPR workflows | Platform |
Sources
Frequently asked questions
Do AI cold calls fall under the TCPA?
Yes. In a February 2024 declaratory ruling the FCC confirmed that AI-generated voices are an artificial voice under the TCPA, so AI cold calls to consumers are subject to its consent and disclosure rules.
What consent does the TCPA require for marketing calls?
Marketing calls to consumers that use an autodialer or an artificial or prerecorded voice generally require the recipient's prior express written consent under FCC rules.
What are the TCPA and TSR calling hours?
The Telemarketing Sales Rule prohibits telemarketing calls before 8 a.m. or after 9 p.m. in the time zone where the consumer is located.
How does the Do Not Call Registry affect callers?
Telemarketers must scrub their lists against the National Do Not Call Registry, re-scrub on a regular basis, and separately honor any consumer who asks that specific company not to call again.
What are the penalties for a TCPA violation?
Statutory damages are $500 per violation and can be trebled to up to $1,500 for willful or knowing violations. Because they apply per call, exposure grows quickly across a campaign.
What legally counts as an autodialer now?
The Supreme Court's 2021 Facebook v. Duguid decision held that an automatic telephone dialing system must use a random or sequential number generator, narrowing the older, broader interpretation. This is general information, not legal advice.
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