TCPA Compliance Resources
Regulation summaries, state-by-state requirements, and recent FCC rulings that affect lead generation compliance. Updated regularly.
Key Regulations
TCPA Overview
The Telephone Consumer Protection Act (47 U.S.C. 227) restricts telemarketing calls, autodialers, prerecorded voice messages, and unsolicited faxes. Enacted in 1991, it has been expanded by FCC rulings to cover text messages and modern calling technology.
Express Written Consent (47 CFR 64.1200)
Telemarketers must obtain prior express written consent before making telemarketing calls or texts using an autodialer or prerecorded voice. Consent must be clearly documented, cannot be a condition of purchase, and must identify the specific sellers.
Do Not Call Registry (16 CFR 310)
The National DNC Registry allows consumers to opt out of telemarketing calls. Companies must scrub their calling lists against the registry at least every 31 days. Many states maintain their own DNC lists with additional requirements.
Reassigned Numbers (FCC 2020)
The FCC created the Reassigned Numbers Database to help callers avoid calling consumers who did not provide consent. Callers get one safe harbor call to a reassigned number, but must use the database thereafter.
State-by-State Requirements
Many states have telemarketing laws that are more restrictive than the federal TCPA. Here are some of the key states to watch.
California
CCPA/CPRA integration. Strict autodialer definition. State DNC registration required.
Florida
FTSA (2021) requires express written consent for texts. More restrictive than federal TCPA. No autodialer safe harbor.
Illinois
Biometric Information Privacy Act implications. State DNC list. Calling hours 8am-9pm.
New York
State DNC list. Caller ID requirements. Written confirmation required for DNC requests.
Texas
State DNC registration. Telemarketer bond requirement. Calling hours 9am-9pm.
Washington
Commercial Electronic Messaging Act covers texts. State DNC list. Strict consent requirements.
Recent FCC Rulings
Facebook v. Duguid (2021)
Supreme Court narrowed the ATDS definition to equipment that can store or produce numbers using a random or sequential number generator. Speed-dial and stored-list systems may not qualify.
Impact: Narrowed but did not eliminate autodialer risk.
FCC One-to-One Consent Order (2024)
FCC closed the 'lead generator loophole' by requiring one-to-one consent. Consumers must consent to calls from each specific seller, not a broad list of companies. Effective January 2025.
Impact: Major impact on lead generation and affiliate marketing.
FCC Reassigned Numbers Database (2022)
Established a database to identify reassigned phone numbers. Callers who check the database get safe harbor protection for numbers that were reassigned after the last check.
Impact: New compliance requirement for all outbound callers.
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