Definition
The Telephone Consumer Protection Act (TCPA) is a 1991 federal law that restricts marketing calls and texts made with an autodialer or an artificial or prerecorded voice, sets the rules behind the National Do Not Call Registry and lets consumers sue for $500 or more per violation.
Pasch Group Dealer Glossary · checked against primary sources October 2026
What it means for a dealership
The TCPA and the FCC’s rules under it cover most dealership outreach by phone and text. Marketing calls and texts sent with an autodialer or an artificial or prerecorded voice need the consumer’s prior express written consent. In February 2024 the FCC confirmed that AI-generated voices count as artificial voices, so outbound AI voice calls fall under the same rules.
Do Not Call rules apply to telemarketing too. A store can’t make telephone solicitations to numbers on the National Do Not Call Registry unless it has the person’s permission or an established business relationship, such as a purchase in the last 18 months or an inquiry in the last three months. It must also keep its own do-not-call list, honor each request for five years and make those calls only between 8 a.m. and 9 p.m. in the customer’s local time.
Consumers can sue. The law sets damages of $500 per violation, and a court can raise that to as much as $1,500 when a violation was willful or knowing. Because each call or text can count as a violation, one campaign can create large exposure. Some states, including Florida and Oklahoma, have their own mini-TCPA laws, so check with your counsel before launching automated outreach.
Questions
Does an established business relationship replace TCPA consent?
Not for automated marketing. A recent purchase or inquiry can allow live telemarketing calls to a number on the Do Not Call Registry. Marketing calls and texts sent with an autodialer or an artificial or prerecorded voice still need prior express written consent.
Does the TCPA apply to AI voice agents?
Yes, when they place calls. In a February 2024 declaratory ruling, the FCC confirmed that the TCPA’s limits on artificial or prerecorded voices cover current AI technologies that generate human voices. Outbound AI marketing calls need the same consent as a prerecorded call.
Sources
- 47 U.S.C. 227: Restrictions on use of telephone equipment (LII)
- 47 CFR 64.1200: Delivery restrictions (eCFR)
- FCC Declaratory Ruling on AI-generated voices, FCC 24-17 (FCC)
This explains the rule in plain English. It isn’t legal advice: check how it applies to your dealership with your counsel.
Updated October 11, 2026