Telemarketing & Cold-Calling

Quick Takeaways

  • The Telephone Consumer Protection Act, which was passed in 1991, is the “primary federal law governing the regulation of telephone solicitations.”
  • “The TCPA regulates telephone solicitations. Therefore, any person, business, or entity that conducts telephone solicitations should comply with the TCPA. The TCPA covers voice calls, faxes, VoIP calls, and text messages”
  • Both the FCC and FTC have regulatory powers to enforce the TCPA, but the most common method of enforcement is through the “private right of action” that allows individuals to bring forth lawsuits.

Source: Contact Center Compliance (, 2022)

The Telephone Consumer Protection Act, or the TCPA, was created in 1991 to protect consumers from the growing number of telemarketing phone calls and faxes. Since then, the law has grown to include text messages and pre-recorded voice messages. The TCPA was amended and more clearly defined  in 2015, mainly in regards to SMS messaging.

What is the difference between telemarketing and simply reaching out as a business via call or text message? According to the TCPA, a telemarketing message is a “initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.”

Obtaining consent is of the utmost important when reaching out to potential clients. Make sure the language for opting in and out of text messages, emails, is clearly stated and easily understandable. Recipients should be given an easy option to opt out, like replying to a message with “STOP,” and should expect to be promptly unsubscribed.

The Do Not Call Registry falls under the Federal Trade Commission. Citizens can register their home or mobile phone free of charge. Though this does not eliminate calls from all organizations, the DNC gives an avenue to report organizations who disregard the DNC registry.

See References for more information.