TCPA Basics

Words to know


Twenty words you will see in a TCPA letter, each explained in one sentence. The short version: the TCPA is the federal law about calls and texts. A demand letter says you broke it. Statutory damages are $500 per call or text, up to $1,500 if willful. Consent is the person's yes, and it is the one thing that ends a claim. The rest are below.

TCPA
The Telephone Consumer Protection Act, the 1991 federal law about calls and texts.
FCC
The Federal Communications Commission, the government agency that writes the detailed rules under the TCPA.
Demand letter
A private letter that says you broke the law and asks you to pay or respond by a date, before any lawsuit.
Statutory damages
Money the law sets in advance, $500 per call or text, so the person does not have to prove they lost anything.
Willful
Done on purpose or knowing it broke the rules, which lets a court raise the amount to $1,500 per call or text.
Consent
The person said yes to your calls or texts before you sent them.
Prior express written consent
A signed, written yes to sales calls or texts by automated means, with the number and a line saying agreeing is not required to buy.
Autodialer
Equipment that can make up phone numbers with a random or sequential number generator, as the Supreme Court defined it in 2021.
Prerecorded or artificial voice
A recorded or computer-made voice playing on a call, which needs consent no matter how the call was dialed.
Robocall
An everyday word for a call made by a machine or playing a recording.
National Do Not Call Registry
The government list of numbers that sales calls must not go to, which you must check with a copy no more than 31 days old.
Internal do-not-call list
Your own list of people who told your business to stop calling, which you must keep and honor.
Opt out
The person taking back their yes, for example by replying STOP, which you must honor within ten business days.
Vendor
A company you hire to make calls or send texts, whose rule-breaking the law treats as yours.
Lead
A person's contact details sold or passed to you as a possible customer, often without a real yes to hearing from you.
Scrub
Checking your list against the Do Not Call Registry and your own do-not-call list before you call.
Release
The part of a settlement where the person agrees not to sue you over the calls listed.
Settlement
An agreement to end the claim for a payment, with no admission that you did anything wrong.
Statute of limitations
The time limit for suing, which is four years from each call under federal law.
FTSA
The Florida Telephone Solicitation Act, Florida's own version of the law, with its own $500 to $1,500 per call.

Two of these matter most. Read what is consent and what could it cost.

Short questions

Is a text a "call" under the TCPA?

Yes. Courts and the FCC treat text messages as calls.

What is the difference between a settlement and a judgment?

A settlement is a private agreement with no admission. A judgment is a public court decision that can be collected from your assets.

What does "per violation" mean?

Each call or text that breaks the rules counts separately. Ten texts is ten violations.