When does robocall and telemarketing rights apply?

The TCPA covers you when:You're getting robocalls or prerecorded messages without consent.You're getting telemarketing calls after you registered on the Do Not Call list.Companies are auto-sending you text messages without consent.A company is calling or texting after you asked them to stop.Key rules:Written consent. For marketing robocalls and texts, the law requires prior express written consent. The FCC tried to tighten this to one-to-one consent in 2023; the Eleventh Circuit vacated that rule in January 2025 (Insurance Marketing Coalition v. FCC) before it took effect. The original written-consent baseline still applies.Do Not Call Registry. Telemarketers must scrub their lists against the registry every 31 days. Calling a registered number, with no existing business relationship and no prior consent, is a violation.Time window. Telemarketing calls are out before 8 a.m. and after 9 p.m. in your local time zone.Identification. The caller has to give you their name, the company they're calling for, and a callback number.What people get wrong:"The DNC list stops everything." It stops most for-profit telemarketing. It doesn't stop political calls, charities, survey companies, or businesses you already have a relationship with."I consented once, they can call forever." No. You can revoke consent at any time, by any reasonable method — phone, email, text. Saying "stop calling" is enough. Continued calls after that are violations."Nothing I can do." $500 to $1,500 per call adds up fast. A pattern of 20 illegal calls is a $10,000 case before willfulness is even argued.

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Robocall and Telemarketing Rights in California

Q: What should I do if I keep getting unwanted robocalls and spam texts?

Step 1: Register at donotcall.gov. Free, permanent, and a prerequisite for most claims against telemarketers.Step 2: Don't engage. Hang up. Don't press buttons to "opt out" — pressing anything confirms your number is live and gets you sold to more lists.Step 3: Log everything. Date, time, the displayed phone number, the company name if given, whether it was prerecorded. Screenshot spam texts. This log is your case.Step 4: File complaints. FTC at reportfraud.ftc.gov, FCC at consumercomplaints.fcc.gov. State AG too. The complaints create a paper trail and help regulators identify big violators.Step 5: Consider suing. $500 per violation, $1,500 if willful, in federal court. Many TCPA lawyers work on contingency. For a pattern of calls from the same number or company, the math gets serious quickly.

Q: What should you NOT do about robocall and telemarketing rights?

Don't say "yes" to inbound calls from unknown numbers. Scammers record "yes" responses and splice them into authorization tapes for fraudulent charges. Just hang up.Don't hand out your number anywhere it isn't required. Every loyalty program, contest entry, and online form is a potential pipeline to a telemarketing list. Skip the field when you can.Don't write off spoofed-number calls. Even if caller ID is fake, the TCPA violation still happened. Regulators and lawyers can trace the actual caller through carrier records via subpoena.Don't pay for call-blocking services. Every major carrier offers free filters — T-Mobile Scam Shield, AT&T ActiveArmor, Verizon Call Filter. Your phone's built-in "silence unknown callers" setting handles a lot too.

Researched by Ahmed Alsaedi, Lead Engineer

Primary sources cited; not legal advice.

Source: Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. FCC regulations at 47 C.F.R. § 64.1200. Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310. National Do Not Call Registry administered by the FTC. CAN-SPAM Act, 15 U.S.C. § 7701 et seq. (email). Note: The FCC's December 2023 "one-to-one consent" rule was vacated by the Eleventh Circuit in January 2025 (*Insurance Marketing Coalition Ltd. v. FCC*) before it took effect; the core TCPA consent requirements below remain in force.

About this article

Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

I keep getting robocalls in California?See the focused guide →

California Law

How California differs from federal law

California provides strong protections against unwanted robocalls and telemarketing beyond federal TCPA rules:

Automatic Dialing-Announcing Device law (Cal. Pub. Util. Code § 2871–2876): Prohibits the use of automatic dialing-announcing devices to make unsolicited calls to California residents unless the caller has prior consent. Covers prerecorded and artificial voice messages.
California Do Not Call list: California maintains its own Do Not Call registry in addition to the federal DNC list. Telemarketers must check both lists. Registration is free and lasts indefinitely.
Private right of action: California consumers can sue robocallers in state court for violations of state telemarketing laws. Remedies include actual damages or $500 per violation, whichever is greater, plus injunctive relief.
CCPA/CPRA data protections: The California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) gives you the right to opt out of the sale or sharing of your personal data, which can reduce the data available to robocallers. You can also request deletion of your personal information from data brokers.
Caller ID spoofing: California Penal Code § 653y prohibits caller ID spoofing with intent to defraud, cause harm, or wrongfully obtain anything of value.

Additional Steps in California

Register with the California Do Not Call list at donotcall.gov and the California Public Utilities Commission. File complaints with the California Attorney General at oag.ca.gov or the FCC. For CCPA data deletion requests, contact data brokers directly or use the California Privacy Protection Agency portal.

Relevant Law: Cal. Pub. Util. Code § 2871–2876 (automatic dialing devices), Cal. Civ. Code § 1798.100 et seq. (CCPA/CPRA), Cal. Penal Code § 653y (caller ID spoofing)

Federal baseline: Robocall and Telemarketing Rights nationwide

What is this right?

The Telephone Consumer Protection Act passed in 1991, when fax machines were the cutting edge of unsolicited spam. Congress did something unusual when they wrote it: instead of relying on a federal agency to enforce, they baked in a private right of action — $500 per illegal call or text, $1,500 if the violator did it knowingly. No lawyer required to file in small claims, though most TCPA cases run in federal court.

The rule has held up well across three decades of changing technology. Companies need your prior express written consent before sending a marketing robocall or text. The National Do Not Call Registry stops most telemarketing on top of that. Telemarketers have to identify themselves and call between 8 a.m. and 9 p.m. local time. Keep a clean log when violations happen — date, time, number, what was said — and the TCPA basically enforces itself. Class actions against robocallers have settled for hundreds of millions.

When does it apply?

The TCPA covers you when:

You're getting robocalls or prerecorded messages without consent.
You're getting telemarketing calls after you registered on the Do Not Call list.
Companies are auto-sending you text messages without consent.
A company is calling or texting after you asked them to stop.

Key rules:

Written consent. For marketing robocalls and texts, the law requires prior express written consent. The FCC tried to tighten this to one-to-one consent in 2023; the Eleventh Circuit vacated that rule in January 2025 (Insurance Marketing Coalition v. FCC) before it took effect. The original written-consent baseline still applies.
Do Not Call Registry. Telemarketers must scrub their lists against the registry every 31 days. Calling a registered number, with no existing business relationship and no prior consent, is a violation.
Time window. Telemarketing calls are out before 8 a.m. and after 9 p.m. in your local time zone.
Identification. The caller has to give you their name, the company they're calling for, and a callback number.

What people get wrong:

"The DNC list stops everything." It stops most for-profit telemarketing. It doesn't stop political calls, charities, survey companies, or businesses you already have a relationship with.
"I consented once, they can call forever." No. You can revoke consent at any time, by any reasonable method — phone, email, text. Saying "stop calling" is enough. Continued calls after that are violations.
"Nothing I can do." $500 to $1,500 per call adds up fast. A pattern of 20 illegal calls is a $10,000 case before willfulness is even argued.

What to Do If You Keep Getting Robocalls and Spam Calls

Step 1: Register at donotcall.gov. Free, permanent, and a prerequisite for most claims against telemarketers.

Step 2: Don't engage. Hang up. Don't press buttons to "opt out" — pressing anything confirms your number is live and gets you sold to more lists.

Step 3: Log everything. Date, time, the displayed phone number, the company name if given, whether it was prerecorded. Screenshot spam texts. This log is your case.

Step 4: File complaints. FTC at reportfraud.ftc.gov, FCC at consumercomplaints.fcc.gov. State AG too. The complaints create a paper trail and help regulators identify big violators.

Step 5: Consider suing. $500 per violation, $1,500 if willful, in federal court. Many TCPA lawyers work on contingency. For a pattern of calls from the same number or company, the math gets serious quickly.

What should you NOT do?

Don't say "yes" to inbound calls from unknown numbers. Scammers record "yes" responses and splice them into authorization tapes for fraudulent charges. Just hang up.

Don't hand out your number anywhere it isn't required. Every loyalty program, contest entry, and online form is a potential pipeline to a telemarketing list. Skip the field when you can.

Don't write off spoofed-number calls. Even if caller ID is fake, the TCPA violation still happened. Regulators and lawyers can trace the actual caller through carrier records via subpoena.

Don't pay for call-blocking services. Every major carrier offers free filters — T-Mobile Scam Shield, AT&T ActiveArmor, Verizon Call Filter. Your phone's built-in "silence unknown callers" setting handles a lot too.

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Robocall and Telemarketing Rights in other states

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Every reference below links to its primary source — the statute book, regulator, or court — and carries a verification date. See our citation methodology for how this works.

California

Federal

StatuteTelephone Consumer Protection Act, 47 U.S.C. § 227
Federal robocall and unsolicited fax statute with $500–$1,500 per-violation private remedy.
StatuteTRACED Act, Pub. L. 116-105
Strengthened FCC robocall enforcement and required carrier-side STIR/SHAKEN call authentication.
Regulation47 C.F.R. § 64.1200 (TCPA implementing rules)
FCC rules governing prerecorded calls, do-not-call lists, and consent revocation.
Agency guidanceFCC — Stop Unwanted Robocalls and Texts
FCC consumer portal explaining call-blocking tools and complaint filing.