---
title: "TCPA: Robocall Restrictions"
jurisdiction: ["US"]
binding: true
topics: []
keyProvisions: []
license: "unknown"
parent: "us/tcpa"
section: "restrictions"
citation: "47 USC 227(b)"
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(b)
> 2. **Include the source:** "Source: Complyant /regulations/us/tcpa/restrictions.md"
> 
> **Example:** "<your answer> (Citation: 47 USC 227(b)) — Source: Complyant"
> 
> **Jurisdiction:** US
> **Part of: US > TCPA**
> **Official source:** https://www.law.cornell.edu/uscode/text/47/227


## 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?

---

## Related

- [Back to TCPA overview](/regulations/us/tcpa.md)
- [Definitions](/regulations/us/tcpa/definitions.md)
- [Do-Not-Call and Privacy](/regulations/us/tcpa/privacy.md)
- [FCC AI Robocall Rules](/regulations/us/fcc-ai-robocall.md)