TCPA Overview

Understand the consent requirements, calling hour restrictions, and opt-out obligations that govern outbound calling and texting in the United States.

Overview

The Telephone Consumer Protection Act (TCPA) is a federal law that regulates how businesses may contact consumers by phone and text message. Violations carry significant financial penalties — up to $1,500 per violation in cases of willful non-compliance. With the volume of contacts typical in outreach campaigns, TCPA exposure can add up quickly.

Volume Reach provides tools to help you operate within the law, but compliance is your responsibility. Understanding the basics of TCPA is essential before running any calling or SMS campaign.

This information is for guidance only and does not constitute legal advice. Consult a qualified attorney for advice specific to your business, use case, and jurisdiction.

How It Works

TCPA requires that you have appropriate consent before contacting consumers. The type of consent required depends on how you are reaching out:

For informational calls and texts (non-marketing): Prior express consent is generally required. This means the consumer has provided their phone number with the understanding that they may be contacted.

For marketing calls and texts: Prior express written consent is required. This is a higher standard. The consumer must have signed (physically or electronically) an agreement clearly authorizing you to contact them for marketing purposes using an automated system. This agreement must:

Be clear and conspicuous
Describe the type of messages they will receive
Not be a condition of purchasing a product or service

Best practice: Collect consent at every point of contact — web forms, in-person sign-ups, and verbal agreements (with proper documentation). Always record the date, method, and scope of consent.

Calling Hours

The TCPA restricts the hours during which you may contact consumers. In general, calls and texts must be made:

No earlier than 8:00 AM local time at the recipient's location
No later than 9:00 PM local time at the recipient's location

Note that these are the federal minimums. Some states have stricter restrictions. For example, certain states prohibit calls during meal hours or on Sundays. Always check the rules for the states where your contacts are located.

Volume Reach enforces calling hour restrictions based on the recipient's area code time zone. However, you are responsible for knowing and following any additional state-level rules that may apply.

Opt-Out Handling

Consumers have the right to revoke their consent at any time. When someone tells you — by any means — that they do not want to be contacted, you must stop. For SMS, the TCPA requires that standard opt-out keywords such as "STOP," "UNSUBSCRIBE," and "CANCEL" be honored immediately and automatically.

Volume Reach processes opt-out requests automatically and adds contacts to your Do Not Call list. See the Do Not Call documentation for more detail.

Established Business Relationship

Having an existing business relationship with someone does not automatically give you permission to call them for marketing purposes under the TCPA. While a prior relationship may satisfy certain requirements for informational calls, it is not a substitute for proper written consent when it comes to automated marketing outreach.

Tips & Best Practices

Obtain written consent before any marketing outreach. Verbal consent is difficult to prove and insufficient for automated marketing campaigns. Use a clear opt-in form and retain records.
Audit your contact lists. Before importing contacts into a campaign, verify that each contact has provided appropriate consent for the type of outreach you are running.
Respect time zones. Calling someone at 8:01 AM in their local time is legal; calling them at 7:59 AM is not. Use Volume Reach's calling hour settings and double-check contacts in time zones you are less familiar with.
Train your team. Anyone who manages campaigns should understand the basics of TCPA compliance, not just the person who set up the account.
Work with a compliance attorney. TCPA litigation is common and costly. A one-time legal review of your consent collection process and campaign practices is a worthwhile investment.