Governance, risk & compliance

Telephone Consumer Protection Act (TCPA) and FCC Rules 47 U.S.C. 227; 47 CFR 64.1200 (eCFR 2026-10-20); FCC 26-67 effective 2026-11-25

The TCPA, 47 U.

S. C.

227, and the FCC rules at 47 CFR 64. 1200, for calls and texts to US numbers.

Autodialed or artificial or prerecorded voice calls and texts to wireless numbers need the called party's prior express consent, and those that advertise or are telemarketing need prior express written consent (64. 1200(a)(1) and (a)(2)).

Prior express written consent is a signed agreement (an electronic signature counts) that names the number, authorizes autodialed or prerecorded telemarketing and states that signing is not a condition of buying (64. 1200(f)(9)).

The 2023 one-to-one consent text was removed after a court decision: 90 FR 42137 (29 August 2025) conformed the rules, and the current (f)(9) has no one-to-one language. Telephone solicitations to residential subscribers are barred before 8 a.

m. and after 9 p.

m. local time and to numbers on the National Do Not Call Registry unless an exemption or safe harbour applies (64.

1200(c)); the FCC treats texts to wireless numbers the same way (89 FR 5098, effective 26 March 2024), and a telemarketer needs a written do-not-call policy, training and an internal list honoured within 10 business days (64. 1200(d)).

Revocation: today a caller must honour any reasonable method within 10 business days (64. 1200(a)(10)).

FCC 26-67 (91 FR 67214, 26 October 2026, effective 25 November 2026) lets a caller designate an exclusive revocation method if it is disclosed, treats a revocation of marketing as covering all marketing from that caller, and keeps the 10 business days; this pack describes both. Artificial voice includes AI-generated voices (FCC 24-17, February 2024).

The 2021 Supreme Court decision in Facebook v. Duguid limits the autodialer definition to equipment that uses a random or sequential number generator, and McLaughlin Chiropractic v.

McKesson (June 2025) says district courts are not bound by FCC interpretations. Litigation exposure: $500 per violation in a private action, up to three times if willful or knowing (47 U.

S. C.

227(b)(3)), and a separate action for more than one call in 12 months in violation of the regulations (227(c)(5)). State law is not preempted if it is more restrictive (227(f)); only the Florida Telephone Solicitation Act (s.

501. 059) was verified and is described.

Providers must have know-your-customer, traceback and blocking processes (64. 1200(n) and following).

Tiers: CALLER for businesses that call or text, and PROVIDER for voice and text providers. General information, not legal advice.

Assessment tiers & levels Lavawall supports

Lavawall assesses Telephone Consumer Protection Act (TCPA) and FCC Rules at every level below, so you can start where you are and step up as your program matures.

How Lavawall® helps you get to Telephone Consumer Protection Act (TCPA) and FCC Rules compliance

Most of Telephone Consumer Protection Act (TCPA) and FCC Rules comes down to technical controls you have to run and prove: keeping systems patched, hardening configuration, detecting breaches early, backing up what matters, controlling access, and keeping evidence that all of it actually happened. Lavawall® runs those controls across Windows, macOS, Linux, and Microsoft 365 / Google Workspace from one console, maps them to Telephone Consumer Protection Act (TCPA) and FCC Rules, and tracks your posture continuously instead of once a year at audit time.

• Assess your current state against Telephone Consumer Protection Act (TCPA) and FCC Rules in the Lavawall GRC module, with the questionnaire and control set built in.
• Remediate the gaps with the same platform — automated patching, configuration fixes, backups, and access review — not a separate project.
• Evidence everything with timestamped, exportable records auditors, insurers, and clients accept.

Related

Lavawall® supports Telephone Consumer Protection Act (TCPA) and FCC Rules as part of a built-in catalogue of compliance frameworks. Framework requirements are summarized for planning purposes; always confirm the current official text before certifying.