TCPA: Robocall Restrictions
Robocall Restrictions [47 USC 227(b)]
Citation: § 227(b) (restrictions), Section 227(b), 47 USC 227(b)
Q: Can I make robocalls or use autodialers to cell phones? A: Only with prior express consent from the recipient. Without consent, it’s illegal to call cell phones using autodialers or artificial/prerecorded voices [§ 227(b)(1)(A)].
Key rule (§ 227(b)(1)(A)): It is unlawful to make any call using an automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned to a cellular telephone service without prior express consent.
Rule: Consent is required before making automated calls to cell phones. Violations cost $500-$1,500 per call.
Core Prohibitions [§ 227(b)(1)]
Calls to Cell Phones [§ 227(b)(1)(A)]
It is unlawful to make any call using:
- An automatic telephone dialing system (ATDS), OR
- An artificial or prerecorded voice
To any:
- Cellular telephone
- Paging service
- Any service where the recipient pays for the call
Unless:
- Made for emergency purposes, OR
- Made with prior express consent
Calls to Residences [§ 227(b)(1)(B)]
It is unlawful to call any residential telephone line using an artificial or prerecorded voice without prior express consent, unless:
- Made for emergency purposes
- Not made for commercial purposes
- Made by/for tax-exempt nonprofits
- Healthcare-related (appointment reminders, etc.)
- Authorized by law
Other Prohibited Practices
| Prohibition | Citation |
|---|---|
| Calls to emergency lines | § 227(b)(1)(A)(i) |
| Calls to hospital patient rooms | § 227(b)(1)(A)(ii) |
| Calls to paging services | § 227(b)(1)(A)(iii) |
| Simultaneous engagement of two lines | § 227(b)(1)(D) |
| Unsolicited fax ads | § 227(b)(1)(C) |
Consent Requirements
Prior Express Consent (Non-Telemarketing)
| Requirement | Details |
|---|---|
| Form | Oral or written |
| Timing | Before the call |
| Scope | Specific to the type of call |
| Revocable | Yes, at any time |
Prior Express Written Consent (Telemarketing)
| Requirement | Details |
|---|---|
| Form | Written signature (electronic OK) |
| Content | Clear authorization for telemarketing calls |
| Disclosure | Must state calls may use autodialer/prerecorded voice |
| Timing | Before the call |
| Revocable | Yes, at any time |
What About AI Voice Calls?
Per FCC 24-17 (February 2024):
| AI Technology | Status |
|---|---|
| AI-generated voices | ”Artificial” — consent required |
| Voice cloning | ”Artificial” — consent required |
| Text-to-speech | ”Artificial” — consent required |
| Deepfakes | ”Artificial” — consent required |
Bottom line: All TCPA robocall restrictions apply to AI voice calls.
Disclosure Requirements [47 CFR 64.1200]
When making prerecorded or AI voice calls, you must:
| Timing | Requirement |
|---|---|
| Beginning of call | Identify the caller (name and entity) |
| During call | Provide telephone number |
| For telemarketing | Offer opt-out within 2 seconds |
Common Violations
| Violation | Why It’s Wrong |
|---|---|
| Cold calling cell phones with autodialer | No consent |
| AI calls without disclosure | Artificial voice without consent |
| Ignoring opt-out requests | Must honor revocation |
| Calling after Do-Not-Call request | Violates § 227(c) |
| Spoofed caller ID for fraud | Violates § 227(e) |
Agent Checklist
Before making automated calls:
- Is this a cell phone or paid service? → Need prior express consent
- Is this telemarketing? → Need prior express written consent
- Using AI voice? → Same consent rules apply (FCC 24-17)
- Am I identifying the caller at the start?
- Am I providing a callback number?
- For telemarketing: Am I offering opt-out within 2 seconds?