47 U.S.C. § 227

Telephone Consumer Protection Act

Statute — United States Federal
Effective: December 20, 1991 37 platforms tracked 214 provisions indexed Enforced by: Federal Communications Commission (FCC), Federal Courts (private right of action), State Attorneys General Last reviewed Apr 22, 2026

Overview

The Telephone Consumer Protection Act regulates telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. For platform governance, TCPA is increasingly relevant because text message communications from platforms to users fall under its scope.

TCPA requires prior express consent for auto-dialed or prerecorded calls to cell phones, prior express written consent for telemarketing calls/texts, and provides a private right of action with statutory damages.

Platform terms of service frequently include TCPA consent language, requiring users to agree to receive automated calls and text messages as a condition of service. These consent provisions have been the subject of significant litigation against major technology platforms.

Penalties

$500 per violation, $1,500 for knowing/willful. No aggregate cap. FCC: up to $10,000 per violation. Class actions routinely reach $50-100M+.

Key Articles & Sections

Platforms We Track Subject to TCPA

Recent Changes Related to TCPA

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