The Telephone Consumer Protection Act, found at 47 U.S.C. 227 and known as the TCPA, is the federal statute behind almost every text message marketing lawsuit. It has been in effect since December 20, 1991 and remains the foundation of federal calling and texting law.
What the Telephone Consumer Protection Act Prohibits
The statute prohibits calls and texts to cell phones made with an automatic telephone dialing system or an artificial or prerecorded voice without the prior express consent of the called party. Courts and the FCC treat marketing text messages as calls under the statute, which is how SMS campaigns end up in TCPA litigation. The law also restricts prerecorded calls to residential lines and underpins the national Do Not Call framework.
Why Marketers Care: The Private Right of Action
Consumers can sue for 500 dollars per call or text, and up to 1,500 dollars per message for willful or knowing violations, with no cap and no need to show actual harm. Class actions routinely reach seven and eight figures. Any business texting promotions to US consumers should treat documented opt-in consent, opt-out handling, and calling-hour limits as mandatory infrastructure rather than paperwork.
Source: United States Code: 47 U.S.C. 227
Report a violation: If you believe a business is violating this law, you can file a complaint at FCC Consumer Complaint Center.
