Federal rules

TCPA Basics

A plain-English starting point for federal rules that can apply to unwanted calls and texts — without assuming every unwanted contact violates the law.

What the TCPA is

The Telephone Consumer Protection Act is a federal law that regulates specific telephone practices. Different parts of the law address different conduct, including automatic telephone dialing systems, artificial or prerecorded voice messages, telephone solicitations, and certain fax advertising.

Important: “Unwanted” and “illegal” are not interchangeable. The type of contact, technology used, consent, purpose of the call or text, exemptions, and other facts can all matter.

Different rules answer different questions

Automated / prerecorded rules

Federal restrictions can apply to certain calls made with regulated dialing technology or artificial or prerecorded voice messages.

Do Not Call rules

Separate federal rules govern many telephone solicitations to numbers on the National Do Not Call Registry and company-specific do-not-call requests.

These are not the same legal theory. A contact can implicate one rule without implicating another.

Private-action framework

For qualifying violations covered by 47 U.S.C. § 227(b)(3), the statute provides for actual monetary loss or $500 in statutory damages, whichever is greater. A court may increase the amount for a willful or knowing violation.

That is not a payout calculator. It does not mean every spam call is worth $500, that every unwanted text qualifies, or that collection is automatic.

Consent and exemptions matter

Some federal restrictions depend on whether consent existed, what kind of contact occurred, what technology was used, and who was contacted. Federal regulations also contain exemptions and definitions that can change the analysis.

State law may add separate protections or remedies. SpamPath keeps those state rules in a separate directory so they are not blended into one nationwide rule.

Official source

47 U.S.C. § 227

Federal statute governing telephone-equipment and telephone-solicitation restrictions.

Read the U.S. Code