Article · Consumer Protection
The Call You Never Asked For: How Robocall and Telemarketing Law Actually Works
47 U.S.C. § 227
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-05-26
- Topic
- Consumer Protection
Unwanted calls and texts are the most complained-about consumer problem in the country, and the law governing them is far stronger than most people realize. This article explains the two federal systems that apply — the Telephone Consumer Protection Act, which creates a private right to sue with statutory damages per call, and the Telemarketing Sales Rule, which the government enforces — and how the national Do Not Call registry fits between them. It covers what actually counts as an autodialer after the Supreme Court narrowed the definition, why prerecorded and artificial voice calls remain broadly restricted regardless of dialing technology, and what "prior express written consent" requires. Separate parts address text messages, junk faxes, calls to cell phones, spoofed caller identification, and the difference between a telemarketing call and an informational one. Later parts explain how to revoke consent so that it sticks, how to document a claim, what a case is realistically worth, and how to tell a legitimate business call from a scam. Examples run throughout.
The full text of this document is available to Executive subscribers and above. See plans.