47 USC § 227 - Telephone Consumer Protection Act of 1991 (TCPA)

What 47 USC § 227 - Telephone Consumer Protection Act of 1991 (TCPA) requires

47 USC § 227 (Telephone Consumer Protection Act of 1991, Pub. L. 102-243, 105 Stat. 2394, signed 20 December 1991, codified as amendment to the Communications Act of 1934) is the foundational US federal anti-telemarketing statute and remains the principal anchor of telemarketing class action litigation with statutory damages of $500-$1,500 per violation that have produced billions in settlements and individual judgments: subsection (b) Restrictions on Automatic Telephone Dialing Systems (ATDS) and prerecorded voice calls prohibits (b)(1)(A) automated calls to emergency lines, hospital patient rooms, paging services, or any service for which the called party is charged for the call; (b)(1)(B) prerecorded voice calls to residential lines except with prior express consent or for emergencies; (b)(1)(C) unsolicited fax advertisements except where established business relationship exists and opt-out notice is included; (b)(1)(D) operating any automatic dialing system to call multiple lines of a multi-line business at the same time; subsection (c) Telephone Solicitation Restrictions mandates the FCC establish procedures protecting residential subscribers including the National Do Not Call Registry under (c)(3)(A) - 75+ million registered numbers as of 2024 with telemarketers prohibited from calling registered numbers; subsection (d) requires technical and procedural standards for prerecorded voice calls; subsection (g) state enforcement and private rights of action provides 'recover for actual monetary loss... or to receive $500 in damages for each violation, whichever is greater' with treble damages up to $1,500 per violation for willful and knowing violations; subsection (i) provides recovery of attorney's fees; the TCPA was amended by the TRACED Act 2019 (Pub. L. 116-105) to enhance robocall enforcement and require STIR/SHAKEN caller ID authentication framework codified at 47 USC §§ 227b-227e.

Pillar: Sales, Marketing & PR · Authority: United States Congress (Telephone Consumer Protection Act of 1991, Pub. L. 102-243, 105 Stat. 2394; codified at 47 USC § 227; amendments including Junk Fax Prevention Act 2005 Pub. L. 109-21, TRACED Act 2019 Pub. L. 116-105, Pallone-Thune TRACED Act amendments) · Version: 1.0.0 · Last updated: 2026-06-02

Primary source: https://www.law.cornell.edu/uscode/text/47/227

SHA-256 integrity: 09190ad923b2ab0a6b4c35c5d27040f08ca94f0223af3423b3556349a3342424

Primary Citations — 5 traced to source

• 47 USC §227(b)(1)(A) AUTOMATED CALL RESTRICTIONS: 'It shall be unlawful for any person within the United States... to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice—(i) to any emergency telephone line (including any 911 line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency); (ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or (iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call'
• 47 USC §227(b)(1)(C) JUNK FAX PROHIBITION: 'It shall be unlawful for any person within the United States... to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement, unless—(i) the unsolicited advertisement is from a sender with an established business relationship with the recipient; (ii) the sender obtained the number of the telephone facsimile machine through... voluntary communication... or a directory'

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