Federal Laws and Regulations
Telemarketing in the United States is governed at the federal level by the Telephone Consumer Protection Act of 1991 (TCPA) and the FTC’s Telemarketing Sales Rule (TSR) as defined by the Telemarketing and Consumer Fraud and Abuse Prevention Act. The TCPA is enforced by the FCC and regulates automated calls, robocalls, and prerecorded voice messages. It restricts the use of autodialers unless the recipient provided prior express written consent and prohibits such calls between 8 am and 9 pm local time. Calls using artificial voice or prerecorded messages to emergency lines, hospitals, cell phones without consent, or voicemail systems are strictly prohibited ( Wikipedia).
The TSR is enforced by the FTC and covers both outbound and inbound telemarketing calls when they are part of a campaign to induce the purchase of goods or services. It prohibits deceptive practices, mandates specific disclosures, forbids misrepresentations, bans abandoned outbound calls, requires accurate caller ID transmission, limits payment methods, mandates recordkeeping for at least two years, and enforces call time restrictions between 8 am and 9 pm local time ( Federal Trade Commission).
On January 9, 2025 the TSR was amended to extend coverage to inbound calls made by consumers responding to advertisements or direct mail offering technical support services. This amendment was introduced to combat tech support scams and now treats those inbound calls as covered telemarketing activity under the Rule ( The CommLaw Group).
To Whom the TSR Applies
The TSR applies to any individual or entity, inside or outside the United States, using telemarketing in campaign form across states or within a state. It applies even if the call is received rather than initiated. Exemptions include unsolicited calls from consumers, certain business-to-business calls, and calls initiated in response to catalog or general advertising under tightly defined circumstances ( Federal Trade Commission).
Regardless of exemptions, anyone contracting with non-exempt entities is subject to TSR compliance. Common carriers, banks, and non-profits are exempt only if acting in those exempt roles. A for-profit telemarketing firm working for an exempt entity must still follow all TSR requirements ( , Wikipedia).
How to Comply with the TSR
Telemarketers must not call numbers listed on the National Do Not Call Registry nor numbers previously asked be removed. Companies must maintain an internal do-not-call list synchronized with the national registry every 31 days. Access to the registry requires registration and payment to the FTC or authorized providers ( Federal Trade Commission, Wikipedia).
Required disclosures must include cost, quantity, restrictions, refund policies, prize conditions, negative option terms, and credit card protections. These disclosures may be oral or written but must be clear and conspicuous in the same font, tone, speed, and volume as the offer itself ( Federal Trade Commission).
Call hours are strictly from 8 am to 9 pm local time unless prior consent was obtained. Calls outside these hours can violate both federal and, potentially, state rules ( activeprospect.com).
The TSR prohibits prerecorded outbound messages unless the consumer provided prior signed, written agreement. This applies even if the number is not on the Do Not Call Registry and whether answered by a person or voicemail system ( Federal Trade Commission, crowell.com).
Recent FTC and FCC Enforcement Trends
In fiscal year 2024 complaints about unwanted telemarketing calls dropped by over 50 percent since 2021, credited to FTC crackdowns, the TSR updates, and FCC spoofing protections and AI‑generated call bans ( The Verge). An important amendment allows the FTC to act against tech support fraud in cases where consumers initiated contact after being misled by pop‑ups or emails. Those losses exceeded $175 million, particularly affecting consumers over age 60 ( The Verge).
A 2025 appeals court decision nullified a $29 million penalty issued to a telemarketing firm that called consumers on the registry. While the violation was upheld, the appeals court ordered reevaluation of damages calculation and confirmed an injunction against further telemarketing activity by the firm ( Reuters).
One‑to‑One Consent and TCPA Rules
The FCC’s One‑to‑One Consent Rule would have required express written consent from each consumer for each seller using automated calls or texts. It was scheduled to take effect on January 27, 2025. However, the Eleventh Circuit Court of Appeals invalidated that rule just days before implementation. The rule had been designed to supersede less stringent state gets and prevent broad consent practices in lead generation ( americascreditunions.org).
State Laws and Upcoming Changes
State‑level telemarketing laws vary and often add layers of consent, registration and penalty requirements. California, Colorado, Georgia, Illinois, Massachusetts, Texas and other states maintain separate do-not-call registries, registration obligations and unique rules for automated dialing and prerecorded calls. For businesses operating across multiple states it is critical to track each jurisdiction’s rules and enforcement context ( blog.clickpointsoftware.com, leg.colorado.gov, marketreachresults.com).
Texas will implement a significant new telemarketing law (SB 140) on September 1, 2025 which imposes stricter consent and enforcement provisions. Companies targeting Texas consumers should begin compliance planning immediately ( gryphon.ai).
Risks of Noncompliance
Violating the TSR or TCPA exposes companies to civil penalties up to $50,120 per violation, potentially higher for egregious conduct. The FTC and state attorneys general can seek injunctions and redress for consumers. Private citizens may also sue if they suffer actual damages of $50,000 or more. Penalties under TCPA include statutory damages of up to $500 per call or text and up to $1,500 for willful violations. Enforcement actions can include nationwide injunctions and class actions ( Federal Trade Commission, Wikipedia, the-sun.com, Reuters).
Robocalls without consent, violations of Do Not Call rules, abusive practices, and misleading disclosures are especially high risk. Courts and regulators have begun cracking down on lead generation firms and tech support scams more aggressively in 2024‑2025, causing increased litigation risk and enforcement scrutiny ( The Verge, The Verge, Reuters).
Final Thoughts
Compliance with U.S. telephone marketing law in 2025 requires understanding and navigating the TCPA and TSR at the federal level while tracking state-specific requirements. Key updates include expanded TSR coverage of inbound technical support calls, the invalidated One‑to‑One consent rule, and upcoming state-level changes like Texas SB 140. Robust synchronization with the National Do Not Call Registry, adherence to time limits, accurate disclosures, explicit consent for prerecorded messages, and careful record retention are essential. Enforcement risk remains heightened and penalties significant. Careful planning and legal alignment are prerequisites for any telemarketing or call center initiative.