TCPA: Definitions
Definitions [47 USC 227(a)]
Citation: § 227(a) (definitions), Section 227(a), 47 USC 227(a)
Q: What is an “automatic telephone dialing system” (ATDS) under TCPA? A: An ATDS is equipment that can store or produce telephone numbers and dial them automatically. This includes predictive dialers and equipment that dials from lists [§ 227(a)(1)].
Key rule (§ 227(a)): The definitions determine what equipment and calls are covered by TCPA restrictions.
Rule: Understanding TCPA definitions is critical because the restrictions only apply to covered equipment and call types.
Automatic Telephone Dialing System (ATDS) [§ 227(a)(1)]
“Automatic telephone dialing system” means equipment which has the capacity— (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.
What Qualifies as ATDS
| Equipment | ATDS? | Notes |
|---|---|---|
| Predictive dialers | Depends | Courts split on interpretation |
| Random number generators | Yes | Classic ATDS |
| Sequential dialers | Yes | Classic ATDS |
| Click-to-call systems | Usually no | Human initiates each call |
| AI calling systems | Likely yes | If automated dialing |
Important: Facebook v. Duguid (2021)
The Supreme Court narrowed the ATDS definition. Equipment must use a random or sequential number generator to qualify. Simply storing and dialing numbers from a list may not be enough.
Telephone Solicitation [§ 227(a)(4)]
“Telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.
What’s Covered
| Call Type | Telephone Solicitation? |
|---|---|
| Sales calls | Yes |
| Lead generation | Yes |
| Appointment setting for sales | Yes |
| Market research | Usually no |
| Customer service | No |
| Informational calls | No |
Established Business Relationship [§ 227(a)(2)]
“Established business relationship” means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a business.
Duration Limits
| Transaction Type | Duration |
|---|---|
| Prior transaction | 18 months |
| Inquiry | 3 months |
Effect
An established business relationship may provide implied consent for some calls, but does not override Do-Not-Call requests.
Unsolicited Advertisement [§ 227(a)(5)]
“Unsolicited advertisement” means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person’s prior express invitation or permission.
Primarily applies to fax advertisements, which require prior express permission or an established business relationship.
Other Key Terms
| Term | Definition |
|---|---|
| Artificial voice | Voice not spoken by a live person (includes AI voices per FCC 24-17) |
| Prerecorded voice | Voice recorded before the call |
| Prior express consent | Permission given before the call (can be oral for non-telemarketing) |
| Prior express written consent | Signed written agreement (required for telemarketing) |
Related
- Back to TCPA overview
- Robocall Restrictions
- FCC AI Robocall Rules — AI voice definitions