TCPA rules for sales calls in 2026, in plain English

The Telephone Consumer Protection Act (TCPA) is the main US law for sales calls and texts. It decides who you may call, when, with which tools, and what happens when someone says "stop". The fines are per call, so a small mistake repeated over a list adds up fast. This guide explains the TCPA rules that matter for a small sales team in 2026, in plain English, with the latest FCC changes and a free calling hours checker by state.

This page is general information, not legal advice. Rules are summarized as of October 2026. For a specific campaign, check with a lawyer who knows telemarketing law.

The TCPA in one minute

• Two regulators. The FCC writes the TCPA rules (47 CFR 64.1200). The FTC enforces a parallel rule, the Telemarketing Sales Rule (16 CFR 310). Many rules exist in both.
• Calling hours. Sales calls only between 8 a.m. and 9 p.m. in the local time of the person you call. Several states are stricter (see the checker below).
• Do Not Call. Do not make sales calls to numbers on the National Do Not Call Registry unless an exception applies, and keep your own internal do-not-call list.
• Consent for automated calls. Marketing calls or texts made with an autodialer, or with a prerecorded or artificial voice, need the person's prior express written consent.
• Opt-outs. When someone asks you to stop, you must honor it within 10 business days at most.
• Caller ID. Telemarketers must show a caller ID number that a person can call back during business hours to ask to be put on your do-not-call list.

Consent: what you need and when

Prior express written consent means a signed agreement (an online checkbox with an electronic signature counts) that clearly authorizes your company to send marketing calls or texts using automated technology to a specific number. The person must be told that consent is not a condition of buying anything. Keep proof: the exact wording shown, the date and time, the page, and the number.

The "one-to-one consent" rule never took effect. In 2023 the FCC adopted a rule requiring consent to name one seller at a time. In January 2025, a federal appeals court struck it down in Insurance Marketing Coalition v. FCC, and the FCC removed it. Consent still has to be clear and specific to your company, but you do not need a separate form for each seller.

Which dialers count as an "autodialer"?

In Facebook v. Duguid (April 2021), the Supreme Court held that an "automatic telephone dialing system" under the TCPA is equipment that stores or produces numbers using a random or sequential number generator. Most modern power dialers that call a list you uploaded do not fit that definition. Two warnings:

• Recordings change everything. The prerecorded voice rules apply whatever dialer you use. A voicemail drop, a prerecorded sales message and an AI voice are all treated as prerecorded or artificial voice messages.
• States have their own definitions. Florida, Oklahoma and other states have "mini-TCPA" laws with their own rules on automated calls and texts, so the federal definition is not the end of the story.

Also note: in June 2025, in McLaughlin Chiropractic v. McKesson, the Supreme Court ruled that courts do not have to follow the FCC's reading of the TCPA. Expect courts in different regions to read some rules differently.

AI voices and ringless voicemail

• AI voices. In February 2024, the FCC ruled that AI-generated and cloned voices are "artificial" voices under the TCPA. An AI agent placing marketing calls needs the same prior express written consent as a robocall.
• Ringless voicemail. In November 2022, the FCC ruled that a voicemail dropped directly into a cell phone mailbox is a call under the TCPA. The same consent rules apply.
• Prerecorded messages must identify you. State the business name at the start, give a phone number during or after the message, and, for marketing messages, offer an automated way to opt out (for example "press 9").

Do Not Call rules

The National Do Not Call Registry

• Scrub at least every 31 days. Download the registry for the area codes you call and remove listed numbers from your sales lists. Doing it at least every 31 days, with written procedures and training, gives you a "safe harbor" for honest mistakes.
• Exceptions. You may call a listed number when you have an established business relationship (up to 18 months after the person's last purchase or transaction, or 3 months after they asked about your product), when the person gave you written permission, or for calls that are not sales calls.
• Business lines. The registry protects residential numbers. Many courts treat a cell phone as residential even when the owner uses it for work, so do not assume a mobile number on a B2B list is exempt.

Your internal do-not-call list

• Have a written do-not-call policy, available on request, and train every person who calls.
• Record each request with the name and number, and honor it within a reasonable time, at most 10 business days.
• Keep honoring the request for 5 years.
• An established business relationship does not override a do-not-call request.

Opt-outs and revoking consent in 2026

Since April 2025, people can withdraw consent by any reasonable means, and you must honor it within 10 business days. A text reply with words such as "stop", "quit", "end", "revoke", "opt out", "cancel" or "unsubscribe" counts as a valid revocation.

In fall 2026, the FCC adopted new amendments to these rules, which take effect 30 days after they are published in the Federal Register:

• Telemarketing: one opt-out from telemarketing still ends all future telemarketing calls and texts from that caller.
• Informational messages: an opt-out only covers the type of message it targets. Opting out of payment reminders does not stop fraud alerts, for example.
• Exclusive opt-out methods: a caller may name one opt-out method as its official one (a key press during the call, a standard text keyword, or a specific website or phone number), as long as it is disclosed clearly and conspicuously.
• Still proposed, not adopted: a shorter 7 business day deadline and other changes are only proposals for now.

The safe practice for a small team: honor every "stop", in any channel, the same day.

Calling hours by state

Federal law allows sales calls from 8 a.m. to 9 p.m. in the local time of the person called. Some states set shorter windows or limit how often you may call. Pick a state, a day and the local time of the person you want to call.

State hours as commonly reported in October 2026. State laws change often and some add rules on holidays, texts or call frequency, so confirm the law of each state you call. Federal and state rules both apply: follow the stricter one.

Texas deserves a special mention: since September 1, 2025, Texas law (SB 140) treats sales texts like sales calls, and violations can be pursued as deceptive trade practices.

Penalties

• Lawsuits by consumers: $500 per call or text, up to $1,500 if the violation was willful or knowing. Calling a number on the Do Not Call Registry more than once in 12 months also opens the door to a lawsuit.
• Class actions: because damages are per call, a campaign to a few thousand numbers can turn into a seven-figure claim.
• FTC and state enforcement: the FTC can seek civil penalties of more than $53,000 per violation of the Telemarketing Sales Rule, and state attorneys general can sue too.

TCPA compliance checklist for small sales teams

1. Write down where every number on your list came from, and keep proof of consent for any automated or prerecorded outreach.
2. Scrub sales lists against the National Do Not Call Registry at least every 31 days.
3. Keep one internal do-not-call list for the whole team and check it before every call.
4. Respect the calling window of the person's time zone and state, not yours.
5. Show a real business caller ID that people can call back.
6. Treat voicemail drops, prerecorded messages and AI voices as robocalls for consent purposes.
7. Honor every "stop" the same day, in every channel.
8. If you use a predictive dialer, keep abandoned calls under 3% (see the predictive dialer guide).
9. Train new reps on these rules before their first call, and keep a record of the training.

Calling Canada too? The CRTC rules are different (calling hours, the National DNCL and a 5% abandoned call cap). The predictive dialer guide covers the main ones. For what to say on the call, see our cold calling script templates.

Frequently asked questions

Compliance built into the calling day

Zorino is a power dialer and calling CRM for teams of 2 to 10. It calls your own list one number at a time per rep, so there are no abandoned calls, shows your local business number, and keeps a built-in Do Not Call list shared by the whole team. Try the live demo: it rings your own phone in 2 minutes, no account and no card.