TCPA Compliance Guide 2026

An Automated Telephone Dialing System (ATDS) is defined as equipment with the capacity to store or produce telephone numbers to be called using a random or sequential number generator, and to dial such numbers. The Supreme Court's 2021 Facebook v. Duguid ruling narrowed this definition — a dialer must use a random/sequential number generator to qualify as an ATDS. However, state TCPA analogs (like California's CTIA) use broader definitions, so multi-state operations must comply with the strictest applicable state law.

The FCC's one-to-one consent rule (effective January 2025) requires that consent for automated marketing calls be obtained directly for each individual company — bundled lead-gen consent for multiple marketers is no longer valid. Consent must be: written (electronic counts), clear and conspicuous, not a condition of purchase, and specifically name the calling company. For B2B calls to business landlines, TCPA consent requirements are less strict — but state laws may still apply.

Outbound telemarketing calls are only permitted between 8:00 AM and 9:00 PM in the recipient's local time zone. Calls must be timed based on the area code of the recipient, not the caller. Many states impose stricter windows — Florida restricts calls to 8am–8pm; California and others match the federal 8am–9pm window but restrict Sunday calling for certain industries. Using a time-zone-aware dialer with automatic call suppression outside permitted hours is essential.

The National DNC Registry lists consumer numbers that have opted out of telemarketing. Call centres must scrub lists against the registry at least every 31 days before each campaign. You must also maintain an internal DNC list and honour opt-out requests within 30 days of receipt. The 'established business relationship' (EBR) exception allows calls within 18 months of a purchase or 3 months of an inquiry — but EBR does not override an explicit do-not-call request.

SMS campaigns are subject to TCPA in the same way as calls. Prior express written consent is required to send marketing texts to mobile numbers. Texts must include opt-out instructions (e.g., 'Reply STOP to unsubscribe') and honour opt-outs within one message. Transactional texts sent in direct response to a consumer request are generally exempt from consent requirements, but any promotional content mixed in creates TCPA exposure.