Outbound Calling Rules (TCPA): What Contact Centers Need to Know Before Calling or Texting Customers

Outbound calls and texts, such as appointment reminders, sales calls, payment reminders, and promotional messages, are some of the most regulated activities in a contact center. The main U.S. law is the Telephone Consumer Protection Act (TCPA), enforced by the Federal Communications Commission (FCC), along with the Federal Trade Commission’s Telemarketing Sales Rule and a growing number of state laws.

TCPA lawsuits are common, often filed as class actions, and penalties add up quickly. This guide explains the basics in plain English.

This guide is for general information only and isn’t legal advice. Outbound calling rules are complex and change often. Have a qualified attorney review your outbound program before launching it.

Why it matters: the penalties

The TCPA allows consumers to sue for $500 per violation, and up to $1,500 per violation if a court finds it was willful or knowing. Each call or text can count as a separate violation. A campaign reaching thousands of people can quickly turn into a very large liability.

Two key questions for every outbound call or text

1. What is it for?

• Telemarketing: calls or texts that encourage someone to buy something, such as sales offers, promotions, and upgrades. These face the strictest rules.
• Informational: calls or texts that share information without selling, such as appointment reminders, delivery updates, or fraud alerts.

2. How is it made?

• A live agent dialing manually
• An automated dialing system
• A prerecorded or artificial voice, including AI-generated voices
• A text message

The combination of purpose and method determines what consent you need.

When you need consent

In general terms:

Type of contact	Consent typically required
Telemarketing calls or texts to cell phones using automated systems, prerecorded messages, or artificial or AI voices	Prior express written consent
Prerecorded or artificial-voice telemarketing calls to home landlines	Prior express written consent
Informational calls or texts to cell phones using automated systems or prerecorded or artificial voices	Prior express consent, which can be oral or written
Live agent calls, manually dialed	Fewer consent requirements, but Do Not Call rules still apply to telemarketing

What “prior express written consent” means: a clear, signed agreement, which can be electronic, such as a checked box on a web form, in which the consumer agrees to receive marketing calls or texts at a specific number. It must clearly disclose that the calls may use automated technology or prerecorded or artificial voices, and that consent isn’t a condition of purchase.

Keep records of every consent: when it was given, how, the exact wording the consumer agreed to, and the phone number.

AI voices count as “artificial”

In February 2024, the FCC ruled that AI-generated voices are “artificial” voices under the TCPA. That means calls using AI voice technology, including voice cloning, face the same consent requirements as prerecorded calls. If you’re considering AI voice bots for outbound calls, factor this in from the start. See What AI can and can’t do today.

Do Not Call rules

The National Do Not Call Registry. Telemarketing calls generally may not be made to numbers on the national registry unless you have the person’s consent or, in many cases, an existing business relationship. Businesses that telemarket must check their lists against the registry regularly, at least every 31 days.

Your own do-not-call list. You must keep an internal list of people who ask not to be called, and honor those requests.

Honoring opt-outs

FCC rules that took effect in April 2025 strengthened consumers’ right to stop calls and texts:

• Consumers can revoke consent by any reasonable means, including replying “stop,” “quit,” “unsubscribe,” or similar words, or telling an agent.
• Businesses must honor the request within 10 business days.
• You may send one confirmation text that contains no marketing, sent promptly after the request.

Some parts of these rules have had their deadlines extended, so confirm the current requirements with your attorney.

Calling hours

Telemarketing calls are generally allowed only between 8 a.m. and 9 p.m. in the consumer’s local time. Some states set stricter hours or limit how many times you can call the same person in a day.

Other important rules

• Caller ID: telemarketing calls must show a working phone number, and the business name where possible.
• Identify yourself: callers must state who they are and the business they’re calling for.
• Abandoned calls: dialers that hang up on people, or leave them in silence, are restricted. Telemarketing campaigns must keep abandoned calls under 3% and play a brief message identifying the caller when a call is abandoned.
• Debt collection calls follow additional rules under federal debt collection law.

State laws

Several states have their own versions of the TCPA, sometimes called “mini-TCPAs,” with stricter rules on consent, calling hours, and how often you can call. Florida and Oklahoma are well-known examples, and more states have been adding rules. If you call consumers in many states, plan for the strictest requirements.

A note on changing rules

Outbound calling law changes frequently, through new FCC rules, court decisions, and state laws. For example, a proposed FCC rule requiring consent for each individual seller (“one-to-one consent”) was struck down by a federal appeals court in January 2025 before it took effect. This is a big reason to have legal counsel review your program regularly.

Using an outsourcing partner?

If an outsourcing provider makes calls or sends texts on your behalf, your business can still be held responsible for violations. Make sure your contract covers compliance responsibilities, consent records, and Do Not Call procedures. See the outsourcing contract checklist.

Quick checklist

• Each campaign classified as telemarketing or informational
• Correct consent obtained and recorded for every number
• Consent language reviewed by an attorney
• Calling lists checked against the National Do Not Call Registry at least every 31 days
• Internal do-not-call list maintained and honored
• Opt-outs honored within 10 business days, by any reasonable means
• Calls made only during permitted hours in the consumer’s time zone
• Caller ID set up correctly
• AI and prerecorded voice calls treated as “artificial voice” calls
• State-specific rules checked
• Vendor contracts cover compliance responsibilities

What to read next

• Call recording consent: recording rules for inbound and outbound calls
• Starting small with AI: introducing AI tools responsibly
• Outsourcing contract checklist: compliance terms for outsourcing partners

Sources

• Cooley, FCC: AI-Generated Robocalls Illegal Under the TCPA (February 2024)
• Financial Services Perspectives, FCC’s New Consent Revocation Rule Set to Take Effect in April 2025
• Morrison Foerster, Eleventh Circuit Vacates FCC’s TCPA One-to-One Consent Rule (January 2025)