What is TCPA Compliance?

Definition

The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 that restricts telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. It established the National Do Not Call Registry and sets rules for when and how businesses can contact consumers by phone.

Why TCPA Compliance Matters for Insurance

For insurance agencies, TCPA compliance is non-negotiable. Violations can result in fines of $500 to $1,500 per call or text, and class action lawsuits have resulted in multi-million dollar settlements. Insurance call centers must obtain proper consent before using auto-dialers or prerecorded messages, maintain internal DNC lists, and scrub against the federal registry.

Key Points

• Requires prior express written consent for autodialed or prerecorded marketing calls to cell phones
• Establishes the National Do Not Call Registry—telemarketers must scrub lists against it
• Restricts calling hours to 8 AM - 9 PM in the called party's local time zone
• Requires caller identification (name and phone number) on all telemarketing calls
• Mandates an opt-out mechanism during every call

Recent FCC Enforcement Trends

The FCC has intensified TCPA enforcement in recent years, with fines ranging from hundreds of thousands to tens of millions of dollars. Key focus areas include: autodialer consent for cell phones, robocall restrictions, and Do Not Call list violations. Insurance agencies using predictive dialers or automated outreach must maintain clear consent records and demonstrate good-faith compliance efforts.

Consent Requirements: Express vs. Express Written

For autodialed or prerecorded marketing calls to cell phones, TCPA requires prior express written consent—a signed agreement that clearly authorizes such calls. "Express" consent (verbal or implied) is insufficient for cell phones. Landlines have different rules. Consent must be obtained before the first call, and records must be retained. State laws may impose stricter requirements.

State-Level Variations and Common Violations

Several states have their own telemarketing laws that may be stricter than TCPA—for example, Florida, Oklahoma, and Washington have additional consent or calling-hour rules. Common TCPA violations include: calling numbers on the DNC registry without consent, calling outside permitted hours, failing to provide an opt-out mechanism, and using autodialers without valid express written consent for cell phones.

For a comprehensive overview, see our TCPA Compliance Guide 2026. Explore our TCPA Compliant Dialer and Compliant Cold Calling Software solutions.