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 Florida

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

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Florida Law

How Florida differs from federal law

Florida has one of the strongest state-level anti-robocall statutes in the country:

Florida Telephone Solicitation Act (Fla. Stat. § 501.059): Restricts automated telephone calls, text messages, and prerecorded messages to residential and cellular telephone numbers. Requires prior express written consent for marketing calls.
Florida Do Not Call List: Florida maintains its own state Do Not Call list in addition to the federal National Do Not Call Registry. Telemarketers must scrub both lists.
Penalties: Willful violations carry penalties of up to $10,000 per call. The FL Attorney General actively enforces the statute and has pursued major enforcement actions against robocallers.
Private right of action: Florida consumers can bring private lawsuits for violations. Consumers may recover $500 per violation, trebled to $1,500 for knowing or willful violations.
Caller ID spoofing: Florida law prohibits transmitting misleading caller ID information with intent to defraud (Fla. Stat. § 817.487), supplementing the federal Truth in Caller ID Act.

Additional Steps in Florida

Register on both the National Do Not Call Registry at donotcall.gov and the Florida Do Not Call list. File complaints with the Florida AG at myfloridalegal.com or call (866) 966-7226. File FTC complaints at reportfraud.ftc.gov. Consider a private lawsuit for repeated violations.

Relevant Law: Fla. Stat. § 501.059 (Florida Telephone Solicitation Act), Fla. Stat. § 817.487 (caller ID spoofing), Federal TCPA (47 U.S.C. § 227)

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

Same topic, different jurisdiction. Pick the one that applies to you.

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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.

Florida

StatuteFlorida Telephone Solicitation Act, Fla. Stat. § 501.059
Agency guidanceFlorida AG — Robocall Complaints
StatuteTelephone Consumer Protection Act, 47 U.S.C. § 227

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.