Glossary
What is the TCPA?
The TCPA (Telephone Consumer Protection Act) is the 1991 US federal law that restricts autodialed, prerecorded and marketing calls and text messages. It sets the 8am to 9pm calling window, backs the National Do Not Call Registry, and lets individuals sue for $500 to $1,500 per violation.
Key TCPA terms
| TCPA | The Telephone Consumer Protection Act of 1991, codified at 47 U.S.C. § 227. A federal law that restricts certain calls and text messages, enforced through FCC rules at 47 CFR § 64.1200. |
| FCC | The Federal Communications Commission writes and interprets the TCPA rules. The FTC separately enforces the Telemarketing Sales Rule, which also governs the National Do Not Call Registry. |
| ATDS | Automatic telephone dialing system, often called an autodialer. In Facebook v. Duguid (2021) the Supreme Court held that a device must use a random or sequential number generator to store or produce numbers to be an ATDS under the statute. |
| Prior express consent | The baseline consent the TCPA requires for autodialed or prerecorded calls to cell phones. For marketing calls and texts that use an autodialer or a prerecorded or artificial voice, FCC rules require prior express written consent. |
| Calling window | FCC rules prohibit telephone solicitations to a residence before 8am or after 9pm in the called party's local time. |
| Do Not Call | The National Do Not Call Registry, run by the FTC. Telephone solicitations to numbers on the Registry are prohibited unless an exemption, such as an established business relationship or written consent, applies. Companies must also keep their own internal do-not-call list. |
| Statutory damages | The TCPA gives individuals a private right of action for $500 per violation, which a court may increase up to $1,500 per violation if it finds the violation was willful or knowing. |
What the TCPA covers
The statute and the FCC rules under it restrict several kinds of calls. The best known: calls or texts to a cell phone made with an autodialer or a prerecorded or artificial voice need the called party's prior express consent, and for marketing, prior express written consent. Prerecorded telemarketing calls to residential landlines need consent too. Telephone solicitations may not be made before 8am or after 9pm in the called party's local time, or to numbers on the National Do Not Call Registry unless an exemption applies. The law also covers unsolicited fax ads.
The TCPA is enforced in three ways: private lawsuits, which are the most common; FCC enforcement; and actions by state attorneys general. Statutory damages are $500 per violation, up to $1,500 per violation when a court finds the conduct willful or knowing.
Why the TCPA matters if your team calls or texts leads
- Cell phones are treated differently: the autodialer and prerecorded-voice rules are stricter for mobile numbers, so knowing a number's line type is a basic input to how you are allowed to contact it.
- Consent has to be documented: keep the date, source and wording of each opt-in. A phone lookup cannot supply this.
- Reassigned numbers: consent belongs to the person who gave it. If the number is reassigned, you may be calling a stranger. The FCC built the Reassigned Numbers Database for this, and querying it before a call gives a safe harbor.
- Calling hours: the area code is the usual starting point for a lead's time zone when you have no address.
- State laws stack on top: Florida, Oklahoma, Washington and other states have their own telemarketing statutes with narrower windows and extra rules.
What a phone lookup answers vs. what the TCPA asks
| Phone lookup | TCPA | |
|---|---|---|
| Is the number valid or disconnected? | Yes. TrueSearch returns valid or dead from carrier data | Not a TCPA check, but dead numbers waste dials and some are later reassigned |
| Is it a cell phone? | Yes. Line type is mobile, landline, VoIP or toll-free | Matters: the autodialer and prerecorded-voice rules are stricter for cell phones |
| Do I have consent to call it? | No. A lookup cannot see your consent records | Your responsibility. Keep consent records with the date, source and wording |
| Is it on the Do Not Call Registry? | No. TrueSearch does not scrub DNC | Check the National Registry at telemarketing.donotcall.gov and your internal list |
| Has the number been reassigned to someone else? | No | The FCC Reassigned Numbers Database exists for this check and offers a safe harbor when used |
| Is it inside the 8am to 9pm window? | No, but the area code gives a starting time zone | Required for telephone solicitations to residences |
Official sources
- 47 U.S.C. § 227, the TCPA statute
- 47 CFR § 64.1200, the FCC rules
- FCC: telemarketing and robocalls
- National Do Not Call Registry for telemarketers
- FCC Reassigned Numbers Database
This page is a plain-language summary, not legal advice. Talk to a lawyer about your own calling and texting program.
What TrueSearch returns, and does not
| Valid or dead (disconnected / not assigned) | Yes, every number |
| Line type: mobile, landline, VoIP, toll-free | Yes, every number |
| Carrier name | Yes, every number |
| Bulk upload (CSV or Excel) | Yes, results in about 30 seconds per 1,000 numbers |
| REST API | Yes (JSON, one API key) |
| Claude / ChatGPT / Cursor connector (MCP) | Yes |
| National or state Do Not Call check | No, not yet |
| Known TCPA litigator check | No, not yet |
| FCC Reassigned Numbers Database check | No |
| Starting price | $97/month for 5,000 numbers, 7-day free trial |
| One-off list | $20 per 1,000 numbers, no subscription |
Upload a CSV or Excel file. Every number comes back valid or dead, mobile, landline, VoIP or toll-free, with its carrier. TrueSearch does not check consent or Do Not Call status.
Starter: $97/month for 5,000 numbers after the 7-day trial. Cancel anytime.
Questions
What does TCPA stand for?
TCPA stands for the Telephone Consumer Protection Act. Congress passed it in 1991 and it is codified at 47 U.S.C. § 227. The FCC issues the implementing rules, found at 47 CFR § 64.1200.
What does the TCPA restrict?
Among other things: calls and texts to cell phones made with an autodialer or a prerecorded or artificial voice without the called party's prior express consent; prerecorded telemarketing calls to residential lines without consent; telephone solicitations outside 8am to 9pm local time; solicitations to numbers on the National Do Not Call Registry; and unsolicited fax advertisements.
Does the TCPA apply to text messages?
Yes. The FCC and courts treat text messages as calls under the TCPA, so the autodialer and consent rules that apply to calls to cell phones also apply to texts.
What hours can telemarketers call under the TCPA?
FCC rules prohibit telephone solicitations to a residence before 8am or after 9pm in the called party's local time. Several states set narrower windows or restrict calls on Sundays and holidays, so check state law too.
What are the penalties for violating the TCPA?
The statute allows a private lawsuit for $500 per violation, and a court may award up to $1,500 per violation for willful or knowing violations. Because each call or text can count as a separate violation, claims are often brought as class actions. The FCC and state attorneys general can also take enforcement action.
What is an autodialer under the TCPA?
The statute defines an automatic telephone dialing system as equipment that has the capacity to store or produce telephone numbers using a random or sequential number generator, and to dial them. In Facebook v. Duguid (2021), the Supreme Court held that the equipment must actually use a random or sequential number generator to qualify.
Does the TCPA require Do Not Call scrubbing?
The TCPA and the FCC rules under it prohibit telephone solicitations to numbers on the National Do Not Call Registry, subject to exemptions, and require sellers to honor their own internal do-not-call list. The FTC's Telemarketing Sales Rule imposes similar requirements. Sellers access the Registry at telemarketing.donotcall.gov.
Does TrueSearch check TCPA compliance?
No. TrueSearch returns whether a number is valid or dead, its line type and its carrier. It does not check consent, Do Not Call status or reassigned numbers. Use the National Do Not Call Registry, the FCC Reassigned Numbers Database and your own consent records, and talk to a lawyer about your calling program.
Related: free TCPA calling hours checker, telemarketing calling hours by state, DNC scrubbing basics, the Reassigned Numbers Database, what is phone line type? and the free landline checker.
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This guide is general information, not legal advice. TrueSearch for Business checks validity, line type and carrier from licensed telecom data. It does not check the National Do Not Call Registry, state DNC lists or the FCC Reassigned Numbers Database. Not a consumer reporting agency; not for FCRA purposes.