TCPA: Do-Not-Call and Privacy
Do-Not-Call and Privacy [47 USC 227(c)]
Citation: § 227(c) (privacy protection), Section 227(c), 47 USC 227(c)
Q: Do I have to check the Do-Not-Call Registry before making telemarketing calls? A: Yes. Telemarketers must check the National Do-Not-Call Registry and honor requests not to be called. Violations incur $500+ per call [§ 227(c)].
Key rule (§ 227(c)): Telephone solicitors must maintain do-not-call lists, honor consumer requests, and check the National Do-Not-Call Registry.
Rule: Consumers can register on the Do-Not-Call list and request individual companies not call them. Violations give consumers a private right of action.
National Do-Not-Call Registry [§ 227(c)(3)]
The FCC established a national database of consumers who don’t want telemarketing calls.
Requirements for Telemarketers
| Requirement | Details |
|---|---|
| Check registry | Before making calls |
| Update frequency | At least every 31 days |
| Honor registrations | Cannot call registered numbers |
| Exceptions | See below |
Exceptions to Do-Not-Call
| Exception | Applies? |
|---|---|
| Prior express consent | Yes |
| Established business relationship | Yes (18 months) |
| Inquiry relationship | Yes (3 months) |
| Tax-exempt nonprofits | Yes |
| Political calls | Yes |
| Surveys (no sales) | Yes |
Company-Specific Do-Not-Call
Even if not on the national registry, consumers can request a specific company stop calling:
| Request Type | Effect |
|---|---|
| Company-specific opt-out | Company must stop calling |
| Duration | Indefinite |
| Recordkeeping | Company must maintain list |
Private Right of Action [§ 227(c)(5)]
Consumers can sue for TCPA violations:
Damages
| Violation Type | Damages |
|---|---|
| Per violation | $500 minimum |
| Willful/knowing violation | Up to $1,500 (treble) |
What Consumers Can Seek
| Remedy | Available? |
|---|---|
| Actual monetary loss | Yes |
| Statutory damages ($500-$1,500) | Yes |
| Injunctive relief | Yes |
| Class actions | Yes |
Why This Matters
TCPA is one of the most-litigated consumer protection statutes because:
- $500 per call adds up quickly
- Class actions can aggregate thousands of calls
- No proof of harm required — statutory damages apply
- Attorney’s fees often awarded
Company Compliance Requirements
Do-Not-Call List Maintenance
| Requirement | Details |
|---|---|
| Written policy | Must have do-not-call policy |
| Training | Personnel must be trained |
| Procedures | Must have procedures to honor requests |
| Recordkeeping | Must record do-not-call requests |
Process for Consumer Requests
When a consumer says “don’t call me again”:
- Record the request immediately
- Add to company do-not-call list
- Stop all telemarketing calls
- Applies to entire organization
AI Agent Considerations
If your AI agent makes calls that could be considered telemarketing:
| Issue | Requirement |
|---|---|
| Registry check | Must check Do-Not-Call before calling |
| Opt-out handling | Must honor “stop calling” requests |
| Recordkeeping | Must log opt-out requests |
| Scope | Opt-out applies to all calls from that organization |
Checklist for Telemarketers
- Do I have a written do-not-call policy?
- Do I train personnel on do-not-call procedures?
- Do I check the National Do-Not-Call Registry?
- Do I update my registry data at least every 31 days?
- Do I maintain a company-specific do-not-call list?
- Do I immediately honor “don’t call me” requests?