index / 03 statutes-and-rules
Statutes and rules
Citations to the federal statute, the FCC and FTC rules, the principal FCC orders, and the main state statutes, each with a link to the official text. FCC orders are linked to fcc.gov; search the docket or document number given.
federal statutes and rulesfcc ordersstate statutes
Federal statutes and rules
| Citation | Name | Covers | Text |
|---|---|---|---|
| 47 U.S.C. § 227 | Telephone Consumer Protection Act of 1991 | The statute. Definitions (a); automated equipment and private right of action (b); do-not-call and private right of action (c); technical standards (d); caller ID (e); state law (f); state attorney general actions (g). | official |
| 47 C.F.R. § 64.1200 | FCC rules: Delivery restrictions | Consent requirements (a); identification and opt-out (b); registry and calling hours (c); company-specific lists (d); definitions including prior express written consent and EBR (f); reassigned-number safe harbour (m). | official |
| 47 C.F.R. § 64.1601 | FCC rules: Caller ID delivery | Caller ID transmission requirements for telemarketers. | official |
| 16 C.F.R. Part 310 | FTC Telemarketing Sales Rule | The FTC’s parallel rule: National Do Not Call Registry, abandoned calls, prerecorded messages, calling hours, record-keeping. Applies to sellers and telemarketers within FTC jurisdiction. | official |
| 15 U.S.C. §§ 6101 to 6108 | Telemarketing and Consumer Fraud and Abuse Prevention Act | The statute under which the FTC issued the Telemarketing Sales Rule. | official |
| 28 U.S.C. § 1658 | Time limitations on the commencement of civil actions | The four-year default limitations period for federal claims created after 1990; applied to the TCPA. | official |
| Pub. L. 116-105 | TRACED Act (2019) | STIR/SHAKEN mandate, forfeiture penalty for intentional violations, extended enforcement window. | official |
| Pub. L. 109-21 | Junk Fax Prevention Act of 2005 | EBR exemption and opt-out notice requirements for fax advertisements. | official |
Principal FCC orders and rulings
| Citation | Name | Covers | Text |
|---|---|---|---|
| FCC 03-153 | 2003 Report and Order | National Do Not Call Registry rules; texts treated as calls; predictive dialers addressed. | official |
| FCC 12-21 | 2012 Report and Order | Prior express written consent for marketing robocalls; EBR exemption removed for prerecorded telemarketing; automated opt-out required. Effective 16 Oct 2013. | official |
| FCC 13-54 | Dish Network declaratory ruling (2013) | Seller liability for calls by third parties under federal common-law agency principles. | official |
| FCC 15-72 | 2015 Omnibus Declaratory Ruling | ATDS capacity, reassigned numbers, revocation by any reasonable means. ATDS and reassigned-number portions set aside in ACA International v. FCC (D.C. Cir. 2018). | official |
| CG Docket 02-278 (Nov. 2022) | Ringless voicemail ruling (Nov. 2022) | Ringless voicemail is a call subject to the prerecorded-voice restrictions. | official |
| FCC 23-107 | Second Report and Order (Dec. 2023) | One-to-one consent rule for lead generators. Vacated, Insurance Marketing Coalition v. FCC (11th Cir. Jan. 24, 2025). | official |
| FCC 24-17 | AI voice declaratory ruling (Feb. 8, 2024) | AI-generated voices are "artificial" voices under § 227(b). | official |
| FCC 24-24 | Revocation Report and Order (Feb. 2024) | Revocation by any reasonable means; honoured within ten business days; one confirmation message. Effective 11 Apr 2025. | official |
State statutes
| Citation | Name | Covers | Text |
|---|---|---|---|
| Fla. Stat. § 501.059 | Florida Telephone Solicitation Act | Written consent for automated sales calls and texts; 8am to 8pm; three per day; private action $500 to $1,500; 15-day STOP notice for texts. | official |
| 15 O.S. § 775C.1 et seq. | Oklahoma Telephone Solicitation Act of 2022 | Florida model: written consent, 8am to 8pm, three per day, private action $500 to $1,500. | official |
| Tex. Bus. & Com. Code ch. 305 | Texas: Prohibited telemarketing communications | State-law action for violations of 47 U.S.C. § 227: $500 per violation, trebled if knowing or intentional. | official |
| Tex. Bus. & Com. Code ch. 302 | Texas: Telephone solicitation registration | Registration and security for telephone solicitors calling Texas residents; extended to text messages in 2025. | official |
| Md. Code, Com. Law § 14-3201 et seq. | Maryland Telephone Consumer Protection Act | Violation of the federal TCPA is a state violation; $500 per violation plus attorney fees. | official |
| RCW 80.36.390 | Washington: Telephone solicitation | Hours, identification, do-not-call; violations are Consumer Protection Act violations. | official |
| RCW 19.190 | Washington: Commercial Electronic Mail Act | Unsolicited commercial text messages prohibited; private action. | official |
For a side-by-side of state provisions, see the state mini-TCPA table. Other states have telemarketing statutes with registration, hours and do-not-call provisions; they are not listed here because their private-action and damages terms could not be stated with confidence from primary text at the time of review. The figures these texts set are tabulated in TCPA damages per call and every other number; the periods they start are in TCPA statute of limitations and every other clock.
Quick lookups
- Where is the TCPA in the U.S. Code?
- 47 U.S.C. § 227, in Title 47 (Telecommunications), as section 227 of the Communications Act of 1934.
- Where are the FCC’s TCPA rules?
- 47 C.F.R. § 64.1200, in Part 64, Subpart L. The official current text is at ecfr.gov.
- What is the difference between the FCC rules and the FTC’s Telemarketing Sales Rule?
- The FCC rules implement the TCPA and carry the private right of action. The FTC’s rule at 16 C.F.R. Part 310 implements a different statute, covers much of the same conduct including the Do Not Call Registry, and is enforced by the FTC and states, not by private suit.
- Where is the Florida Telephone Solicitation Act?
- Fla. Stat. § 501.059, in Chapter 501 (Consumer Protection). The official text is at leg.state.fl.us.