Skip to main content

Documentation Index

Fetch the complete documentation index at: https://docs.politicalcomms.com/llms.txt

Use this file to discover all available pages before exploring further.

Federal law protecting consumers from unwanted automated calls and text messages.

​
What is TCPA?

The TCPA (47 U.S.C. § 227) restricts the use of automated telephone equipment, including auto-dialers and prerecorded messages. Enacted in 1991 and amended multiple times, it protects consumer privacy by requiring consent for certain types of communications and establishing rules for telemarketing and robocalls.
Understanding the “Autodialer” Definition. Under the Supreme Court’s ruling in Facebook v. Duguid (2021), an “automatic telephone dialing system” (ATDS or autodialer) must have the capacity to use a random or sequential number generator to store or produce phone numbers. Systems that send messages to specific, targeted phone lists - without using random or sequential generation - do not meet this legal definition. Consult with legal counsel to understand how TCPA requirements apply to your specific messaging approach.

​
Key TCPA requirements

No Automated Dialers

Cannot use equipment that automatically dials from a random or sequential number generator without human intervention.

Consent Required

Prior express written consent required for commercial messages. Political messages have exemptions but best practice is to obtain consent.

Calling Hours

Cannot call before 8 AM or after 9 PM (local time). Most carriers enforce 8 AM – 10 PM for texting.

Honor Opt-Outs

Must provide clear opt-out mechanism and honor requests immediately. Once opted out, cannot contact again without new consent.

Identify Sender

Messages must clearly identify the sender. Don’t misrepresent who you are or hide behind vague identities.

Emergency Lines Exempt

Cannot call emergency lines, hospital rooms, or services where recipient is charged for incoming calls.

​
Political campaign exemptions

Political calls and texts may have certain exemptions under TCPA, but requirements can vary based on the technology used and specific circumstances. Best practices for campaigns include:
  • Avoid using random or sequential number generation (autodialer restrictions)
  • Honor opt-out requests immediately and automatically
  • Respect calling time restrictions (8 AM – 9 PM local time)
  • Clearly identify your campaign in all messages
  • Follow state laws (which may be more restrictive than federal rules)
  • Consult legal counsel for guidance on your specific messaging approach

​
Penalties for violations

$500 per violation - Standard penalty for each illegal call or text message.$1,500 per violation - For willful or knowing violations (up to 3× damages).Private right of action - Individuals can sue directly in state courts.State attorney general enforcement - State AGs can bring civil actions on behalf of residents.

​
TCPA best practices

Keep records of consent, opt-outs, and campaign procedures. Audit trails protect you in disputes.
Do not use random or sequential number generation. Send to specific, targeted phone lists only.
Support STOP keywords and honor requests within seconds (automated on our platform).

​
Official resources