Yes, federal law limits robocalls and robotexts. The Telephone Consumer Protection Act generally bars autodialed or prerecorded calls to a cell phone without the called party's prior express consent. It also protects people who object to telemarketing calls, and it lets a person sue when the statute's conditions are met.
Most people searching for a robocall attorney are not idly curious. The phone has buzzed again in the middle of work, or a recorded voice has picked up where a person should be, or a text keeps arriving after a reply of "STOP." Some readers once gave a company their number and now wonder whether that permission still counts. Others never gave it at all and want to know whether the law protects them. This page explains what federal law requires of callers, how consent works and how it ends, what a court may award, and what official complaint channels exist.
What the TCPA Prohibits and Who It Covers
The core rule is in 47 U.S.C. § 227(b)(1)(A). It makes it unlawful for any person in the United States, or any person outside the United States if the recipient is inside it, to make a call to certain numbers using an automatic telephone dialing system or an artificial or prerecorded voice. The rule does not apply to calls made for emergency purposes or with the called party's prior express consent. The covered numbers include any number assigned to a cellular telephone service, a paging service or any service for which the called party is charged for the call.
The statute defines an automatic telephone dialing system in 47 U.S.C. § 227(a)(1). It is equipment that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial those numbers. The Supreme Court read this definition in Facebook, Inc. v. Duguid (No. 19-511, decided April 1, 2021).
Home phones have their own rule. Under 47 U.S.C. § 227(b)(1)(B), a caller generally may not start a call to a residential line using an artificial or prerecorded voice to deliver a message without the called party's prior express consent. The exceptions include calls made for emergency purposes and calls the FCC has exempted by rule or order.
A separate part of the statute, 47 U.S.C. § 227(c), protects people who object to telephone solicitations, meaning sales calls. Federal law applies across the United States. State law may add protections, and those protections differ from state to state. Conduct like this may violate the statute, but whether a particular series of calls does depends on its facts.
Prior Express Consent: What It Means and How It Can Be Revoked
Prior express consent means the permission the called party gave before the call arrived. It is the condition that most often decides whether an autodialed or prerecorded call to a cell phone was allowed. The FCC's robocall guide says FCC rules require a caller to obtain oral or written consent before making an autodialed or prerecorded call or text to a wireless number. The guide also says the rules require prior written consent before a prerecorded telemarketing call to a home or wireless number. For telemarketing calls to a cell phone using an autodialer or a prerecorded voice, 47 C.F.R. § 64.1200(a)(2) generally requires prior express written consent. For calls by or on behalf of a tax-exempt nonprofit, prior express consent is enough.
In plain terms, the kind of consent depends on the kind of call: a sales call made with an autodialer or a recording generally calls for written permission, while other autodialed or prerecorded calls to a cell phone may rest on oral or written permission.
Consent can end. Under 47 C.F.R. § 64.1200(a)(10), a called party may revoke prior express consent, including written consent, by any reasonable method that clearly expresses a desire not to receive further calls or texts. Some methods count as reasonable per se, meaning they work automatically without further debate:
- an automated, voice or key-press opt-out on a call;
- a reply text of "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe";
- a website or telephone number the caller designated for opt-out requests.
If a reply text uses other words, the caller must treat it as a revocation if a reasonable person would understand it that way. A caller must honor any revocation within a reasonable time, not more than ten business days from receipt. The regulation also says callers may not designate an exclusive means to request revocation. Put simply, a caller cannot insist that "stop" requests arrive only through one channel of its choosing.
Many people worry that one old sign-up form locks them in. The regulation's text shows that permission, once given, is not permanent.
What the TCPA Makes Potentially Available
The statute creates two separate private actions. Each has its own conditions. Each also applies only "if otherwise permitted by the laws or rules of court of a State," in an appropriate court of that State. In everyday terms, the federal statute supplies the claim, and the case is brought in a court whose own procedural rules allow it to proceed. More detail on consumer rights remedies under federal law appears on a separate page.
Automated and prerecorded calls. Under 47 U.S.C. § 227(b)(3), a person or entity may bring an action based on a violation of 47 U.S.C. § 227(b) or its regulations. The action may seek to stop the violation, to recover actual monetary loss or $500 in damages for each violation, whichever is greater, or both. If the court finds the defendant willfully or knowingly violated the rules, the court may, in its discretion, increase the award to not more than 3 times that amount.
Do-not-call rules. Under 47 U.S.C. § 227(c)(5), the action belongs to a person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the do-not-call regulations. That person may seek to stop the violation, to recover actual monetary loss or up to $500 in damages for each violation, whichever is greater, or both. A defendant has an affirmative defense if it "established and implemented, with due care, reasonable practices and procedures" to prevent such calls. Plainly put, a company that can show it had sensible safeguards in place and actually used them carefully may defeat this kind of claim. If the court finds the violation willful or knowing, it may, in its discretion, increase the award to not more than 3 times that amount.
These figures describe what the statute allows a court to award, not what any person receives. Whether a particular situation supports a claim depends on its facts. The general consumer lawsuit process is a separate topic.
The Records That Usually Matter
The facts in a robocall matter tend to come from the phone itself. The usual records are the number that called, the dates and times, whether a recorded or artificial voice played, and what the message said. Any reply sent, such as "STOP," and the date of any request to stop calling are also important. The FTC's Do Not Call Registry FAQs say that companies can call if a person recently did business with them or gave written permission, but if the person asks them not to call, they have to stop. The FAQs also suggest writing down the date of that request.
Timing matters for registry questions as well. The FTC says a number should appear on the Registry the next day, but it can take up to 31 days for sales calls to stop. The Registry does not block calls. Scammers making illegal calls may ignore it.
The FCC guide adds rules that can matter when reconstructing events. Telemarketing calls to a home are prohibited before 8 a.m. and after 9 p.m. Telemarketers must comply immediately with a do-not-call request made during a call. Prerecorded messages must include the caller's name, number and business name at the beginning.
Calls from a debt collector can raise a different law. The CFPB's page on debt collector harassment lists repetitious calls intended to harass among the conduct the Fair Debt Collection Practices Act addresses.
Filing a Complaint with the FCC or FTC
Government complaint channels exist alongside private actions, and they work differently. The FCC's robocall guide says a consumer may report illegal calls or texts to the FCC by choosing the "unwanted calls" category. The consumer may also note whether a number is being spoofed, blocked or mislabeled. The FCC states that it does not resolve individual complaints. It uses them to guide policy and possible enforcement and may share them with other enforcement agencies. The same guide says phone scams and Do Not Call violations can be reported to the FTC.
The FTC's FAQs say the FTC receives millions of reports each year and cannot respond to each one. It analyzes reports to identify those responsible for illegal calls. It also releases reported numbers each business day to carriers and industry partners working on call-blocking. A consumer whose caller ID shows a faked number may still report it. The FTC says it can sometimes trace calls from the information given.
An agency complaint is separate from a private action under 47 U.S.C. § 227(b)(3) or 47 U.S.C. § 227(c)(5). Filing one does not start a lawsuit, and the agencies do not act as anyone's lawyer.
How Federal Consumer Rights Works
Federal Consumer Rights is an independent legal information and marketing platform, not a law firm. It provides general information about consumer rights. Inquiries submitted through it may be reviewed and shared with independent law firms for potential follow-up. Those attorneys decide for themselves whether to respond. This site does not promise that anyone will reply, when a reply might come, or that anything shared is confidential or privileged.
This site does not give legal advice, represent anyone, or file complaints or lawsuits. It also does not decide whether particular calls broke the law. This page covers federal robocall and texting rules. It does not cover bankruptcy, debt relief, or whether any debt behind a call should be paid. It also does not state any state's own telephone rules.
For readers who want the wider picture first, a broader overview of a consumer rights attorney's work covers debt collection, credit reports and background checks alongside the TCPA.
Requesting a Consumer Rights Case Review
Robocall questions often turn on details that are easy to lose: when consent was given, when it was revoked, and whether the calls continued after that. A conversation about a matter like this typically covers the calling company or number, the dates and content of the calls and texts, and any "STOP" reply or do-not-call request with its date. It may also cover the screenshots, logs or voicemails a person has kept. This page does not address debts behind the calls or any state's own telephone rules.
A consumer rights case review request about unwanted calls or texts can be submitted through Federal Consumer Rights for possible follow-up by an independent attorney.
