Robocall and Telemarketing Rights in Pennsylvania
Written in plain language for general understanding. This is educational content, not legal advice. Content is researched from federal statutes, state codes, and official government sources. Each article is reviewed for accuracy before publication. Our editorial process
What is this right?
The Telephone Consumer Protection Act (TCPA) is the primary federal law protecting you from unwanted robocalls, spam texts, and telemarketing calls. Under the TCPA, companies generally cannot call or text you using an autodialer or prerecorded voice without your prior express consent.
You have the right to put your number on the National Do Not Call Registry, which blocks most telemarketing calls. Violators face penalties of $500 to $1,500 per illegal call or text — and you can sue them directly in federal court.
When does it apply?
This right applies when:
- You receive automated or prerecorded calls (robocalls) without your consent
- You receive telemarketing calls after placing your number on the Do Not Call Registry
- You receive unsolicited text messages from companies using auto-sending technology
- A company continues to call or text you after you have asked them to stop
Key TCPA rules:
- Consent required: Companies need your prior express written consent before sending marketing robocalls or texts. The FCC attempted to tighten this to require one-to-one consent, but that rule was struck down by a federal court in January 2025. The existing written-consent requirement remains the standard.
- Do Not Call Registry: Telemarketers must check the National DNC Registry every 31 days. Calling a registered number is a violation unless you have an existing business relationship or gave prior consent.
- Time restrictions: Telemarketing calls are prohibited before 8 a.m. and after 9 p.m. in your local time zone.
- Identification required: Callers must identify themselves and provide a callback number.
Common misconceptions:
- "The Do Not Call list stops all calls" — It stops most telemarketing calls, but not calls from political organizations, charities, survey companies, or companies you have an existing business relationship with.
- "I consented once, so they can call forever" — You can revoke consent at any time, by any reasonable method. Once you say "stop calling me" or "stop texting me," they must stop.
- "I can't do anything about robocalls" — You can sue under the TCPA and recover $500-$1,500 per violation. Class action lawsuits against robocallers have resulted in massive settlements.
What should you do?
Step 1: Register your number on the National Do Not Call Registry at donotcall.gov or call 1-888-382-1222. Registration is free and permanent.
Step 2: When you receive an unwanted call, do not press any buttons or engage with the caller. Hang up. Pressing buttons to "opt out" may confirm your number is active and lead to more calls.
Step 3: Document every unwanted call or text. Note the date, time, phone number displayed, company name (if given), and whether a prerecorded message was used. Screenshot spam texts.
Step 4: File complaints with the FTC at reportfraud.ftc.gov and with the FCC at consumercomplaints.fcc.gov. Complaints help regulators identify and shut down major violators.
Step 5: Consider suing under the TCPA. You can recover $500 per violation ($1,500 for willful violations) in federal court. Many TCPA attorneys work on contingency. For a pattern of calls, damages add up quickly.
What should you NOT do?
Don't engage with suspicious callers. Don't confirm your name, press buttons, or say "yes" to unknown callers. Scammers may record your voice or use your responses to authorize fraudulent charges.
Don't give out your number unnecessarily. Every online form, loyalty program, and contest entry is a potential source of telemarketing calls. Read the fine print on consent disclosures.
Don't assume "spoofed" numbers mean you can't take action. Even if the caller ID is fake, the TCPA violation still occurred. Regulators and attorneys can trace the actual caller through subpoenas to phone carriers.
Don't pay for robocall blocking services when free options exist. Most major carriers offer free call-blocking tools (T-Mobile Scam Shield, AT&T Call Protect, Verizon Call Filter). Your phone's built-in settings can also silence unknown callers.
How Pennsylvania differs from federal law
Pennsylvania has state telemarketing registration requirements in addition to federal protections:
- PA Telemarketer Registration Act (73 P.S. § 2241 et seq.): Requires telemarketers to register with the PA Attorney General before making calls to Pennsylvania residents. Telemarketers must disclose their identity and the purpose of the call at the beginning of each call.
- State Do Not Call list: Pennsylvania maintains its own Do Not Call list through the Attorney General's office, supplementing the federal Do Not Call Registry. Telemarketers must check both lists before calling.
- AG enforcement: The PA Attorney General actively prosecutes illegal telemarketing and robocall operations. Violations can result in civil penalties up to $1,000 per call.
- Criminal penalties: Pennsylvania imposes criminal penalties for illegal telemarketing activities, including deceptive telemarketing practices under 18 Pa.C.S. § 4117 (relating to deceptive or fraudulent business practices).
Additional Steps in Pennsylvania
Register on the PA Do Not Call list at attorneygeneral.gov and the federal Do Not Call Registry at donotcall.gov. File complaints with the PA Attorney General at (800) 441-2555. Report robocalls to the FTC at reportfraud.ftc.gov.
Relevant Law: 73 P.S. § 2241 et seq. (Telemarketer Registration Act), 18 Pa.C.S. § 4117 (deceptive business practices), Federal TCPA (47 U.S.C. § 227)
Common Questions
When does robocall and telemarketing rights apply?
This right applies when:You receive automated or prerecorded calls (robocalls) without your consentYou receive telemarketing calls after placing your number on the Do Not Call RegistryYou receive unsolicited text messages from companies using auto-sending technologyA company continues to call or text you after you have asked them to stopKey TCPA rules:Consent required: Companies need your prior express written consent before sending marketing robocalls or texts. The FCC attempted to tighten this to require one-to-one consent, but that rule was struck down by a federal court in January 2025. Th...
What should I do about robocall and telemarketing rights?
Step 1: Register your number on the National Do Not Call Registry at donotcall.gov or call 1-888-382-1222. Registration is free and permanent.Step 2: When you receive an unwanted call, do not press any buttons or engage with the caller. Hang up. Pressing buttons to "opt out" may confirm your number is active and lead to more calls.Step 3: Document every unwanted call or text. Note the date, time, phone number displayed, company name (if given), and whether a prerecorded message was used. Screenshot spam texts.Step 4: File complaints with the FTC at reportfraud.ftc.gov and with the FCC at consu...
What mistakes should I avoid with robocall and telemarketing rights?
Don't engage with suspicious callers. Don't confirm your name, press buttons, or say "yes" to unknown callers. Scammers may record your voice or use your responses to authorize fraudulent charges.Don't give out your number unnecessarily. Every online form, loyalty program, and contest entry is a potential source of telemarketing calls. Read the fine print on consent disclosures.Don't assume "spoofed" numbers mean you can't take action. Even if the caller ID is fake, the TCPA violation still occurred. Regulators and attorneys can trace the actual caller through subpoenas to phone carriers.Don't...
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