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What is TCPA compliance?

TCPA (Telephone Consumer Protection Act) is the United States law that regulates automated calls and text messages. Passed in 1991 and amended several times since, it sets the consent requirements businesses must meet before contacting consumers with automated systems. Violations carry statutory damages of $500 to $1,500 per call. The exposure adds up fast.

Definition

TCPA prohibits three kinds of contact without prior express consent:

  • Calls placed using an automatic telephone dialing system (ATDS) to mobile phones.
  • Pre-recorded or artificial-voice calls to mobile or residential phones (with limited exceptions for non-marketing).
  • Text messages sent using an ATDS to mobile phones.

For marketing calls or texts, the consent must be "prior express written consent" (PEWC), which is a higher bar than verbal opt-in. For non-marketing informational calls, ordinary prior express consent (which can be implied by the consumer giving you their number for a related purpose) is enough.

Why AI calling makes this urgent

AI Receptionist, Smart Hold, and similar features fall squarely under TCPA. An AI voice is an "artificial voice" under the statute. Inbound calls that the customer initiated are fine: they gave consent by dialing. Outbound calls placed by an AI need explicit prior consent for the artificial-voice contact, even if the customer is a known existing customer.

message.com's product design reflects this. The AI Receptionist is opt-in: callers hear "press 1 to talk to our AI" before any AI voice plays. Smart Hold engages only after the caller has already chosen to wait. Outbound AI calling (cold or marketing) is not a supported workflow.

Compliance checklist

  • Get written consent before automated outbound contact, especially for marketing.
  • Honor opt-outs immediately. Keep a suppression list. See suppressions.
  • Respect the National Do Not Call (DNC) registry for marketing calls.
  • Identify your business name and a callback number at the start of every call.
  • Time-of-day rules: no calls before 8am or after 9pm in the called party's local time.
  • Keep records of consent. Audit-log entries with timestamps are durable evidence.

International equivalents

TCPA is United States only. Other jurisdictions have similar but distinct laws: CASL in Canada, GDPR ePrivacy provisions in the EU, the Privacy and Electronic Communications Regulations in the UK, the Spam Act in Australia. If you call internationally, layer on the relevant jurisdiction's rules.

External reading

See the FCC's plain-language summary on telemarketing and robocalls for the authoritative regulator view.