Last updated 2026-07-09
TL;DR
Every prerecorded telemarketing call must open with the caller's identity and a toll-free opt-out number, stated clearly in the first few seconds. The opt-out line has to work 24 hours a day for at least 30 days after the call. These rules come from 47 U.S.C. 227 and FCC rules at 47 C.F.R. 64.1200. Miss one element and you face $500 to $1,500 per call.
What does the TCPA actually require a prerecorded message to say?
A prerecorded telemarketing message has to name the caller and give a callback number in the first few seconds, and telemarketing calls also need a working opt-out. That's the short version. The statute, 47 U.S.C. 227(d)(3)(A), says every prerecorded telephone message must "state clearly the identity of the business, individual, or other entity that is responsible for initiating the call" and must deliver that identification "at the beginning of the message." [1]
That phrase "at the beginning" is not decorative. Courts and the FCC read it to mean within the first few seconds, before any sales pitch, before any urgency language.
The FCC's implementing rule at 47 C.F.R. 64.1200(b) adds two more elements for telemarketing calls. First, the recording has to state the phone number of the business, or the number of the entity on whose behalf the call went out. Second, for telephone solicitations, the recording has to offer an automated, interactive opt-out the called party can use during the call to land on the entity's do-not-call list. [2]
So the floor is three things: name of caller, callback number, interactive opt-out. All three, every time. None are optional on a telemarketing prerecorded call, residential line or mobile.
What are the word-for-word disclosure requirements for the opening identification?
There is no single government script you read verbatim. The rule asks that your identification be "at the beginning of the message" and stated "clearly." [2] You get some room on phrasing. Front-load the identity in the first three to five seconds, ahead of everything else.
A compliant opening sounds like this: "This is a call from [Legal Business Name], located at [address or website], reachable at [phone number]." Add the DBA name if that's what the consumer recognizes. Either works. The legal entity responsible for the call has to be identifiable.
Three things sink you. You cannot open with a teaser before the identification ("You've been selected for a special offer" before you say who's calling). You cannot name a generic brand while hiding the legal entity. You cannot push the identification to the end of the message. The FCC's 2012 TCPA omnibus order, FCC 12-21, held that opt-out mechanisms belong at the start too, so stacking every required disclosure up front is both what the law wants and the efficient way to build the recording. [3]
If you run outbound cold calling, the identification standard for prerecorded calls runs stricter than for live calls, where the agent's name and company can follow an opening greeting.
What must the opt-out mechanism actually say and do?
The opt-out has to be automated, interactive, available throughout the message, and it has to record and honor the request without a callback. That's the FCC's 2012 rule, effective October 16, 2013, which requires prerecorded telemarketing calls to carry an interactive opt-out the called party can use at any point during the call to reach the calling entity's do-not-call list. [3] The rule at 47 C.F.R. 64.1200(b)(3) spells out that the mechanism has to be:
1. Automated and interactive (the consumer presses a key or says a word, no human needed). 2. Available for the full length of the message, not tacked onto the end. 3. Able to record the opt-out and honor it right away, with no callback or separate request.
The opt-out number has to stay active and able to take those requests for at least 30 days after the call. [2] Let that line die in two weeks and you've created your own violation.
A workable opt-out script: "To be removed from our call list and stop future calls from [Company Name], press 2 now or call us toll-free at [number]." The word "toll-free" matters. The FCC has held that making a consumer pay to opt out is not a functioning opt-out. [3]
Here's what small teams miss. The opt-out has to apply to the specific entity on whose behalf the call went out, not some umbrella database. A lead generator calling for several clients handles each client's opt-out separately. You cannot point consumers at a generic industry DNC list and call it done. For how DNC duties stack with prerecorded rules, see the do not call list overview.
Does the disclosure requirement differ for mobile phones vs. landlines?
The disclosure content is identical for residential landlines and mobile numbers: identity, callback number, and an interactive opt-out for telemarketing. [1] What differs is consent. Prerecorded telemarketing calls to mobile numbers need prior express written consent. Prerecorded calls to residential landlines historically needed only prior express consent, oral or written. The FCC's 2012 rule tightened the mobile standard. [3]
There is no shorter, simpler disclosure for landlines. The required elements are the same on both.
One real difference shows up in delivery. On mobile lines, plenty of recipients hear the message as a voicemail because they never pick up. The FCC has not carved a voicemail exception out of the opt-out rule. If your message lands in voicemail, the opt-out callback number still has to be there and still has to be a working toll-free line. Some practitioners argue an interactive keypress opt-out is impossible inside a voicemail. The FCC has acknowledged that tension and issued no formal exemption. Safest play for voicemail drops: put the toll-free opt-out number front and center, and make sure it routes to a staffed line or an automated DNC recording system. [3]
For which numbers you can legally reach, see mobile phone do not call list.
Are there disclosure requirements for non-telemarketing prerecorded calls?
Yes, but narrower. The TCPA splits "telephone solicitations" (telemarketing) from informational or transactional calls. A purely informational prerecorded call to a residential line, like a prescription refill reminder or a school closure notice, does not need the opt-out mechanism under the federal TCPA. [1] The identification requirement still holds: you state the name and phone number of the calling entity at the beginning.
The line between informational and telemarketing blurs fast, and the FCC treats it as blurry on purpose. Slip any language that promotes a product or service into an informational call, even a sentence, and the FCC calls the whole thing telemarketing, opt-out and all. Courts have backed that reading. In ASIS Internet Services v. Optin Global, the court looked at whether the call's primary purpose was commercial. [4]
Healthcare and political calls carry their own carve-outs. Calls from HIPAA-covered healthcare providers to their patients about treatment get more consent flexibility, but the caller still has to identify itself. Political prerecorded calls to landlines sit outside the TCPA's prior express consent requirement at the federal level, yet the identification requirement still applies. Several states run their own identification and opt-out rules on political robocalls, and some run stricter than the feds. [5]
What does a fully compliant prerecorded message script look like?
Here's a structure that hits every element. Treat it as illustrative, not a template you drop in without your own counsel reviewing it, because your offer and the state laws covering your audience change what else you need.
"Hello, this message is from Acme Solar LLC, reachable toll-free at 1-800-555-0100. To stop receiving calls from Acme Solar, press 2 now or call 1-800-555-0100 anytime. [Substantive message content follows.]" [2]
Breaking it down:
- "This message is from Acme Solar LLC" covers the identity requirement at the beginning.
- "reachable toll-free at 1-800-555-0100" covers the callback number.
- "To stop receiving calls... press 2 now or call 1-800-555-0100 anytime" covers the interactive opt-out, available at the start.
- The toll-free number stays active and able to record DNC requests for 30 days. [3]
Some legal teams add the physical address or website on top of the phone number. The reason: 47 C.F.R. 64.1200(d)(4) requires entities to keep address information for DNC purposes, and putting it in the recording knocks that out early. It also makes it harder for a plaintiff to argue the identification fell short.
Check one thing before you record. The name has to match the entity that actually initiated the call. If a third-party vendor dials on your behalf, the FCC holds the entity "on whose behalf" the call went out responsible for the disclosure content. [3] You cannot outsource your way out of this.
What are the penalties for missing a required prerecorded message disclosure?
Private plaintiffs can sue for $500 per noncompliant call, and courts can treble that to $1,500 per call for knowing or willful violations. [1] At campaign scale, that math turns ugly fast.
The FCC enforces on its own track too. It can issue forfeiture penalties up to $23,727 per violation (2024 adjusted figure) for breaking its rules, including the prerecorded identification and opt-out requirements. [5] That cap moves periodically under the Federal Civil Penalties Inflation Adjustment Act.
Class actions are where most businesses actually get hurt. A missing or broken opt-out disclosure in a campaign sent to tens of thousands of people builds a class of tens of thousands, each member carrying a $500 floor. The cash app tcpa class action settlement and the credit one tcpa settlement both involved prerecorded call allegations and ended in multi-million dollar outcomes.
District courts have held over and over that a plaintiff doesn't need to prove actual harm to collect the $500. Getting the noncompliant call is the injury. The Supreme Court's 2021 ruling in TransUnion v. Ramirez narrowed Article III standing for some statutory damages claims, and TCPA defendants have tried to stretch it to kill prerecorded call suits. Most courts have found that receiving an unwanted call clears the concrete injury bar anyway. [6]
How does the FCC's 2024 one-to-one consent rule affect prerecorded call disclosures?
In December 2023 the FCC adopted a rule change (FCC 23-107) set to take effect in January 2025. It requires that prior express written consent for prerecorded telemarketing calls go to one specific seller at a time, not bundled into a form listing a dozen companies. [7] That's a consent-formation rule, not a disclosure rule, but it touches your disclosures in a way that bites.
If your consent form covers only your company, your prerecorded message has to name your company as the caller. Name a different entity, or stay vague about who's calling, and you're carrying double exposure: a consent mismatch plus a disclosure gap.
The takeaway is simple. Your consent records, the caller identification in the recording, and your legal entity name all have to match. Auditing that alignment is what the LeadCompliant compliance kit walks through in checklist form, with fields to confirm the entity named in the consent matches the entity named in the message.
The January 2025 effective date has drawn legal challenge. As of mid-2025, check the FCC's docket for current status, because court orders can pause a rule mid-rollout. [7]
Do state laws add additional disclosure requirements beyond the TCPA?
Plenty do. The TCPA sets a federal floor and states build on top. Florida updated its Florida Telephone Solicitation Act (FTSA) in 2021 to add a private right of action for unsolicited texts and calls, with its own consent and identification standards. [8] California's Automatic Dialing-Announcing Device law (ADAD) has carried its own identification requirements since before the TCPA existed. [9]
Texas Business and Commerce Code Chapter 305 requires prerecorded messages to state the company's name and address and offer a way onto the company's DNC list. That tracks the federal rule closely but spells out the address element. [10]
Here's how key state additions compare:
| State | Identification Required | Opt-Out Required | Address Required | Private Right of Action |
|---|---|---|---|---|
| Federal TCPA | Yes (name + phone) | Yes (telemarketing) | No (but recommended) | Yes ($500-$1,500/call) |
| Florida | Yes | Yes | No | Yes ($500/call) |
| California | Yes | Yes | Yes | Yes (varies) |
| Texas | Yes | Yes | Yes | Limited (AG enforcement) |
| Washington | Yes | Yes | No | Yes ($500/call) |
This table is a starting point, not a full audit. State laws move fast. If you call into multiple states, meet the strictest applicable standard, which in practice means including your business name, toll-free callback number, physical address or website, and an interactive opt-out in every prerecorded message no matter the state. [8][9][10]
For how state and federal rules stack, see the full overview of tcpa compliance basics.
What common mistakes invalidate the required disclosures in practice?
The single biggest one, by litigation volume, is an opt-out that doesn't work. The recording says press a key, but the IVR behind it is misconfigured, or the DNC list it feeds gets ignored on the next campaign. The FCC has been clear: failing to honor an opt-out within a reasonable time, generally the next calling day, is a separate violation from failing to offer the mechanism at all. [3]
Second most common is late identification. Some marketers run a 10-second hook ("An important message about your energy bill") before naming the caller. That breaks the "at the beginning" rule. A short tone or a one-word "Hello" is fine. The identity has to follow immediately.
Third: a trade name that doesn't identify the legal entity. If Acme Marketing LLC does business as "GreenPower Savings," saying "This is GreenPower Savings" may not satisfy the rule if a reasonable person can't figure out who actually called. The FCC looks at whether the name lets the consumer investigate the caller, file a complaint, or make a DNC request effectively. [3]
Fourth: the opt-out number expires or changes after the calls go out. The 30-day minimum is a hard floor. Companies that rotate numbers for call tracking sometimes decommission the DNC line by accident.
Fifth: assuming the vendor handles it. Hire a dialer platform or a call center and you're still the entity responsible for the disclosures being in the message. Get that in writing, then audit the actual recording before launch. For your exposure as the entity on whose behalf calls go out, see the cold call compliance primer.
How should you document compliance with prerecorded message disclosure requirements?
Keep the recording itself: the audio file with a creation timestamp and a written transcript. Change the recording mid-campaign and you keep both versions with their effective dates.
Document the opt-out mechanism. Keep logs showing the DNC keypress option was live during each campaign, with start date, end date, and evidence the toll-free number was operational. The FCC has treated the absence of such records as aggravating evidence in enforcement actions. [5]
Document consent, especially for mobile calls. The one-to-one rule means your records need to show the specific company the consumer agreed to hear from, the method, and the timestamp. [7]
Document opt-out requests and when you honored them. If someone pressed 2 during your campaign and got another call from you 48 hours later, that's a second violation, and you need to show what went wrong and how you fixed it.
LeadCompliant's free compliance kit includes a prerecorded message checklist covering each of these documentation categories in one spreadsheet. It's a practical starting point for a new campaign or an audit of an existing one.
Running text campaigns too? The documentation logic runs parallel: keep the message content, consent records, and opt-out logs. See text message marketing for how those rules compare to prerecorded call rules.
Frequently asked questions
Does the TCPA require a specific script for prerecorded message disclosures?
No federal rule mandates word-for-word language. The FCC requires the message to clearly state the caller's identity and telephone number at the beginning and to include an interactive opt-out mechanism for telemarketing calls. How you phrase those elements is up to you, but the information has to be present, accurate, and placed at the start. Vague or buried disclosures have not survived litigation.
What counts as "the beginning" of a prerecorded message under the TCPA?
The FCC hasn't set a precise number of seconds. In practice, courts and FCC orders treat any substantive sales content that runs before the caller identification as a violation. The safe standard is putting the name, phone number, and opt-out instruction in the first five seconds of audio. One short greeting word is generally fine. A teaser sentence before identification is not.
Can you satisfy the TCPA opt-out requirement with a callback number only, without a keypress option?
For live calls where a consumer reaches an agent who can process the DNC request, a callback number can work. For prerecorded telemarketing calls, 47 C.F.R. 64.1200(b)(3) specifically requires an automated, interactive mechanism usable during the call. A callback-only option fails because it forces an extra step. The keypress or voice-command option has to work during the call itself.
How long must the opt-out number in a prerecorded message remain active?
At least 30 days from the date the call was made, under 47 C.F.R. 64.1200(b)(3). Run a five-day campaign with the last call on day five and the number has to stay active until day 35. Killing it earlier is itself a violation. Carriers often charge to keep numbers active. Treat that as a compliance cost, not a line item to trim.
Are prerecorded informational calls like appointment reminders exempt from the TCPA disclosure requirements?
Partially. Informational calls that are not telephone solicitations don't need the interactive opt-out under the federal TCPA. But the identification requirement still applies: any prerecorded call has to state the caller's name and phone number at the beginning. If the informational call carries any promotional content, it likely counts as telemarketing, and the full opt-out requirement kicks in.
Does a prerecorded voicemail drop need to include an opt-out mechanism?
The FCC has issued no formal exemption for voicemail drops, ringless or otherwise. The opt-out requirement applies to prerecorded messages delivered to any line, including messages that reach voicemail. Because a keypress doesn't work in voicemail, the safest approach is a clear toll-free opt-out number that routes to an automated DNC recording system logging and honoring those requests.
What happens if a third-party vendor sends the prerecorded message on my behalf without proper disclosures?
The FCC holds the entity on whose behalf the call went out liable, even if a third party physically sent the message. You cannot contract away that liability. Courts have confirmed it in multiple cases. Before any prerecorded campaign, audit the recording yourself, confirm the opt-out line works, and get written confirmation from your vendor that the disclosures meet federal and applicable state requirements.
Do the TCPA prerecorded message disclosure requirements apply to text messages?
Not directly. The prerecorded voice message rules in 47 U.S.C. 227(b) cover voice calls, not SMS or MMS. Text campaigns fall under separate TCPA provisions about automated telephone equipment and prior express written consent. Texts sent with autodialers to mobile numbers still require consent under the same statute, and some states apply their own identification requirements to commercial texts.
Can I use a general company name like a brand name, or does the TCPA require the legal entity name?
The rule requires the name of the business or entity "responsible for initiating the call." The FCC reads that as a name letting a reasonable consumer identify and contact the caller, file a complaint, or make a DNC request effectively. A well-known trade name often satisfies it. A vague descriptor like "a local energy company" does not. When in doubt, include both the trade name and the legal entity name.
How does the FCC's 2025 one-to-one consent rule change how I write prerecorded message disclosures?
The one-to-one consent rule (FCC 23-107, effective January 2025) requires consent for one specific seller at a time, not for a bundled list of companies. So your prerecorded message has to name the same entity named in the consent form. A mismatch between the consented-to company and the disclosed caller creates both a consent gap and a potential disclosure gap. Audit both together before launching any campaign.
What states add identification or opt-out requirements beyond the TCPA minimum?
Florida, California, Texas, and Washington are the notable ones. Florida's FTSA and California's ADAD law both require identification and opt-out mechanisms and carry their own private rights of action. Texas adds an explicit address requirement. If you call into multiple states, meet the strictest combined standard: name, toll-free number, physical address or website, and an interactive opt-out in every prerecorded message.
Is it a TCPA violation if the opt-out keypress is mentioned but the consumer's number isn't actually removed from the list?
Yes. Offering the opt-out mechanism in the recording and then failing to honor the request is a separate violation from failing to offer the mechanism at all. The FCC requires opt-out requests be honored within a reasonable time, generally the next business day. Honoring the keypress but sending another call two weeks later has produced additional per-call damages in litigation.
How much does a TCPA prerecorded message violation actually cost per call?
The TCPA sets a floor of $500 per call, trebled to $1,500 if the violation is knowing or willful. The FCC can independently impose forfeitures up to $23,727 per violation under its own authority. In class action litigation, where one campaign may reach hundreds of thousands of recipients, total exposure can hit eight or nine figures. Courts don't require plaintiffs to prove actual damages. Receiving the noncompliant call is enough.
Do the TCPA disclosure rules apply to calls made by AI voice agents or synthetic voice technology?
Yes. The FCC confirmed in February 2024 that calls using AI-generated voices are "artificial or prerecorded" voices under the TCPA and subject to all existing prerecorded message rules, including the identification and opt-out disclosure requirements. The technology generating the voice doesn't change the legal classification of the call. All disclosures still have to appear at the beginning of the message.
Sources
- U.S. House of Representatives Office of the Law Revision Counsel, 47 U.S.C. 227: TCPA requires prerecorded messages to state clearly the identity of the responsible business at the beginning of the message; $500 per violation statutory damages, trebled to $1,500 for willful violations
- FCC, 47 C.F.R. 64.1200 (Code of Federal Regulations): Requires prerecorded telemarketing calls to include caller name, callback telephone number, and automated interactive opt-out mechanism; opt-out number must remain active for 30 days
- FCC, Report and Order FCC 12-21 (2012 TCPA Omnibus Order): FCC 2012 order required interactive opt-out mechanisms in prerecorded telemarketing calls effective October 16, 2013; opt-out must be available at the beginning of the message; toll-free number required
- United States Courts, ASIS Internet Services v. Optin Global (N.D. Cal.): Court analyzed whether a prerecorded call's primary purpose was commercial to determine telemarketing vs. informational classification
- Supreme Court of the United States, TransUnion LLC v. Ramirez, 594 U.S. 413 (2021): TransUnion ruling narrowed Article III standing for statutory damages claims; courts have largely found receipt of unwanted prerecorded calls satisfies concrete injury requirement
- FCC, Report and Order FCC 23-107 (One-to-One Consent Rule, December 2023): FCC adopted one-to-one consent rule requiring prior express written consent to be obtained for one specific seller at a time; effective January 2025
- Florida Senate, Florida Telephone Solicitation Act, Section 501.059 F.S.: Florida FTSA updated 2021, adds private right of action for unsolicited calls and texts at $500 per call with its own identification and consent requirements
- California Legislative Information, California Public Utilities Code Section 2871 et seq. (ADAD law): California Automatic Dialing-Announcing Device law requires identification of caller and address in prerecorded messages, predating TCPA federal requirements
- Texas Legislature, Texas Business and Commerce Code Chapter 305: Texas Chapter 305 requires prerecorded messages to state caller name and address and provide a mechanism to be placed on the company's do-not-call list
- FCC, Declaratory Ruling on AI-Generated Voice Calls, February 2024: FCC declared in February 2024 that AI-generated voices constitute artificial or prerecorded voices under the TCPA, subject to all existing prerecorded message rules