In an effort to address a growing number of telephone marketing calls, in 1991 Congress enacted the Telephone Consumer Protection Act (TCPA). The TCPA is located in the United States Code, beginning at 47 U.S.C. §227.

The TCPA restricts the making of telemarketing calls, the sending of SMS/text messages, and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. The rules apply to common carriers as well as to other marketers.

In 1992, the Federal Communications Commission (FCC) adopted rules to implement the TCPA, including the requirement that entities making telephone solicitations institute procedures for maintaining company-specific do-not-call lists.

Most recently, in 2012, the FCC revised its TCPA rules to require telemarketers (1) to obtain prior express written consent from consumers before robocalling them; (2) to no longer allow telemarketers to use an "established business relationship" to avoid getting consent from consumers when calling their home phones; and (3) to require telemarketers to provide an automated, interactive "opt-out" mechanism during each robocall so consumers can immediately tell the telemarketer to stop calling.

Earlier, in 2003, the FCC revised its TCPA rules to establish, in coordination with the Federal Trade Commission (FTC), a national Do-Not-Call Registry. The national registry is nationwide in scope, covers all telemarketers (with the exception of certain nonprofit organizations), and applies to both interstate and intrastate calls.

The Do-Not-Call registry went into effect on October 1, 2003 and is administered by the FTC. To reduce the number of hang-up and dead air calls consumers experience, the FTC’s telemarketing rules also contain restrictions on the use of autodialers and requirements for transmitting caller ID information.

The TCPA includes a private right of action (meaning an individual or individuals can file a lawsuit for a violation of the statute) for damages ranging from $500 to $1,500 per violation and has been the subject of much class action litigation for the past 30 years.

Before making telemarketing calls or communicating with customers or potential customers using SMS/text messaging, a business should consult a lawyer with expertise on the TCPA and any similar state statutes.

The Telephone Consumer Protection Act (TCPA), enacted by Congress in 1991 and codified at 47 U.S.C. §227, regulates telemarketing calls, SMS/text messages, and the use of automatic dialing systems and prerecorded voices. The Federal Communications Commission (FCC) has implemented rules to enforce the TCPA, including the creation of a national Do-Not-Call Registry in coordination with the Federal Trade Commission (FTC), which became effective on October 1, 2003. The registry restricts telemarketers from making unsolicited calls to those who have registered their phone numbers. In Arizona, as in other states, businesses must comply with these federal regulations. The FCC's 2012 amendments to the TCPA require telemarketers to obtain prior express written consent from consumers before making robocalls, eliminate the established business relationship exemption for home phone calls, and mandate an automated opt-out mechanism during robocalls. Violations of the TCPA can lead to lawsuits with damages ranging from $500 to $1,500 per incident. Arizona businesses should seek advice from an attorney knowledgeable in TCPA compliance to avoid potential litigation.