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.

In Hawaii, as in all states, the Telephone Consumer Protection Act (TCPA) regulates telemarketing practices. The TCPA restricts telemarketing calls, SMS/text messages, and the use of autodialers and prerecorded messages. Telemarketers must obtain prior express written consent from consumers before making robocalls and cannot rely on an established business relationship to bypass this consent for calls to home phones. They must also provide an opt-out mechanism during each robocall. The national Do-Not-Call Registry, which telemarketers must honor, allows consumers to opt out of receiving telemarketing calls. The registry is enforced by the Federal Trade Commission (FTC) and applies to both interstate and intrastate calls. Violations of the TCPA can lead to lawsuits with damages ranging from $500 to $1,500 per violation. While the TCPA is a federal law, businesses in Hawaii should also be aware of any additional state-specific telemarketing regulations and are advised to consult with an attorney to ensure compliance with all applicable laws.