What is the TCPA?

The Telephone Consumer Protection Act is the federal law at 47 U.S.C. §227, and the FCC's rule at 47 CFR 64.1200 carries it into calling practice (47 U.S.C. §227; 47 CFR 64.1200). For collection teams the core consent rule is prior express consent for autodialed or prerecorded calls, including calls to cell phones (47 U.S.C. §227; 47 CFR 64.1200, paragraph (a)(1)). Consumers can revoke that consent by any reasonable method, and the caller must honor the revocation within a reasonable time not to exceed 10 business days (47 CFR 64.1200, paragraph (a)(10)). A private suit can recover $500 per violation, and a court may raise that to three times the amount for a willful or knowing violation (47 U.S.C. §227, §227(b)(3)).

Is the TCPA a federal law?

Yes. The TCPA is a federal statute, 47 U.S.C. §227 (47 U.S.C. §227). The FCC rule that collectors read alongside it is 47 CFR 64.1200 (47 CFR 64.1200). State calling rules can sit on top of that federal floor. This page states only the federal sources just cited.

Consent for collection calls and texts

The rule requires prior express consent for an autodialed or prerecorded call to a wireless number, and it lists exceptions in the same paragraph (47 CFR 64.1200, (a)(1)).

Prior express consent for ATDS or prerecorded calls

Prior express consent is required for calls made with an automatic telephone dialing system or a prerecorded voice to a wireless number, with the exceptions the rule lists (47 CFR 64.1200, (a)(1)). The consent has to exist before the call. A later argument that the consumer should have expected a collection call is not the consent the paragraph describes.

Does the TCPA apply to text messages?

The FCC rule this page cites speaks in terms of a "call" (47 CFR 64.1200). This guide does not state that a text message is a call. That reading is left for a direct quotation of the rule before it is published. Collection teams that send texts should read 47 CFR 64.1200 itself, and they should also read the email and text opt-out notice in Regulation F at 12 CFR 1006.6(d)(4) (12 CFR 1006.6), which is a debt-collection rule rather than a TCPA rule.

Revoking consent: any reasonable method, 10 business days

A called party may revoke prior express consent by any reasonable method (47 CFR 64.1200, (a)(10)). The caller must honor that revocation within a reasonable time not to exceed ten business days (47 CFR 64.1200, (a)(10)). The rule does not require a magic phrase. A reasonable method counts. The ten-business-day ceiling is the outside limit, not a suggestion to wait the full period.

What counts as an autodialer after Facebook v. Duguid

An autodialer, or ATDS, is the equipment the TCPA restricts. After 2021 the Supreme Court narrowed which equipment meets that test.

The random or sequential number generator test

In Facebook, Inc. v. Duguid, decided April 1, 2021, equipment is an automatic telephone dialing system only if it can store or produce numbers using a random or sequential number generator (Facebook, Inc. v. Duguid (April 1, 2021)). Dialing a stored list, without that capacity, is not an ATDS under that holding. This page does not add a lower-court count.

Calling hours: TCPA vs Regulation F

The telemarketing clock and the collection-call clock are different rules. A call can be inside one and outside the other.

Telemarketing hours

The FCC's telemarketing rule prohibits telephone solicitations before 8 a.m. or after 9 p.m. local time at the called party's location (47 CFR 64.1200, paragraph (c)(1)). That paragraph is a telemarketing rule. It is not the Regulation F presumption for debt-collection calls.

Collection calls under Regulation F

For debt collection, a call before 8 a.m. or after 9 p.m. local time at the consumer's location is presumed inconvenient (12 CFR 1006.6, 12 CFR 1006.6(b)(1)(i)). The presumption is inconvenient, which is the Regulation F standard, not a TCPA damages formula. The FDCPA guide covers the rest of the communication rules.

Call frequency: the 7-in-7 presumption

Regulation F also presumes a violation when a debt collector places more than seven calls in seven consecutive days about a particular debt, or calls within seven days after a telephone conversation about that debt (12 CFR 1006.14, 12 CFR 1006.14(b)(2)). That frequency rule is Regulation F, not the TCPA. Both can apply to the same desk. The Regulation F glossary entry is the short definition.

Reassigned numbers and the safe harbor

Consent from a previous subscriber does not travel with a reassigned number. The FCC built a database and a safe harbor for that problem.

The Reassigned Numbers Database and the safe harbor

The FCC Reassigned Numbers Database has been operational for paid subscribers since November 1, 2021 (FCC Reassigned Numbers Database). The safe harbor for callers that use the database as the rule requires is at 47 CFR 64.1200(m) (47 CFR 64.1200). The safe harbor is a defense for the caller that meets the paragraph. It is not a reason to skip the query.

Caller ID and spam labels

Spam labels are a separate problem from consent. See call labeling for agencies. Skip tracing a new number does not create consent.

TCPA violations and damages

For the private suit this page cites, the statute sets the dollar amount. It does not supply a case count, and none is invented here.

$500 per violation, and up to treble damages

A person may bring an action to recover actual monetary loss or $500 in damages for each violation, whichever is greater, and the court may increase the award up to three times that amount for a willful or knowing violation (47 U.S.C. §227, §227(b)(3)). The figure is per violation. This page does not multiply it by an invented call volume.

Exposure points, without invented case statistics

  • An ATDS or prerecorded call to a wireless number without prior express consent or a listed exception (47 CFR 64.1200, (a)(1)).
  • A revocation that is not honored within ten business days (47 CFR 64.1200, (a)(10)).
  • A call to a reassigned number where the caller does not have the safe harbor in 47 CFR 64.1200(m) (47 CFR 64.1200; FCC Reassigned Numbers Database).
  • A collection call in the hours Regulation F presumes are inconvenient, which is a separate rule from the TCPA dollar figure (12 CFR 1006.6).

Does the TCPA apply to email? The TCPA covers telephone calls and faxes under 47 U.S.C. §227 (47 U.S.C. §227). Email rules for debt collectors are in Regulation F at 12 CFR 1006.6(d)(4) (12 CFR 1006.6), not in the TCPA section this page cites. This page does not state a business-to-business exemption. That answer is left out until a verified FCC source is quoted.

See also negotiation scripting, recovery operations, and the compliance hub.

FAQ

What does TCPA stand for?

Telephone Consumer Protection Act, 47 U.S.C. §227 (47 U.S.C. §227).

Do collectors need consent to autodial a cell phone?

Yes. Prior express consent is required for ATDS or prerecorded calls to wireless numbers, with the exceptions the rule lists (47 CFR 64.1200, paragraph (a)(1)).

How fast must a revocation of consent be honored?

Within a reasonable time not exceeding ten business days. Any reasonable method of revoking counts (47 CFR 64.1200, paragraph (a)(10)).

What is an autodialer under the TCPA?

Under Facebook v. Duguid, decided April 1, 2021, the equipment must have the capacity to store or produce numbers using a random or sequential number generator (Facebook, Inc. v. Duguid (April 1, 2021)).

What are TCPA damages?

$500 per violation, and a court may triple it for a willful or knowing violation (47 U.S.C. §227, §227(b)(3)).

Sources

Accessed October 26, 2026. The FCC rule text is eCFR Title 47 as of October 22, 2026. The statute page is USCODE-2023 on govinfo. The Reassigned Numbers Database has been operational for paid subscribers since November 1, 2021.

Related guides

FCRA, FDCPA, credit cycle, calculating receivables, write-off entries, the ARM industry.

Jeffery Hartman introduces qualified buyers and sellers of charged-off and non-performing debt portfolios. He does not buy debt, act as a broker, or negotiate for either side.