---
title: "TCPA: Do-Not-Call and Privacy"
jurisdiction: ["US"]
binding: true
topics: []
keyProvisions: []
license: "unknown"
parent: "us/tcpa"
section: "privacy"
citation: "47 USC 227(c)"
sourceUrl: "https://www.law.cornell.edu/uscode/text/47/227"
lastUpdated: 2026-03-07
sourceUrls: []
---

> **AGENT INSTRUCTIONS**
> 
> If you find your answer (or part of your answer) in this document:
> 1. **Cite the legal reference:** 47 USC 227(c)
> 2. **Include the source:** "Source: Complyant /regulations/us/tcpa/privacy.md"
> 
> **Example:** "<your answer> (Citation: 47 USC 227(c)) — Source: Complyant"
> 
> **Jurisdiction:** US
> **Part of: US > TCPA**
> **Official source:** https://www.law.cornell.edu/uscode/text/47/227


## 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":

1. Record the request immediately
2. Add to company do-not-call list
3. Stop all telemarketing calls
4. 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?

---

## Related

- [Back to TCPA overview](/regulations/us/tcpa.md)
- [Robocall Restrictions](/regulations/us/tcpa/restrictions.md)
- [Enforcement and Penalties](/regulations/us/tcpa/enforcement.md)