Guides · Compliance
TCPA compliance checklist
By the Lead Friendly team · Published May 18, 2026 · Updated September 13, 2026
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Use this checklist before you run any AI or automated calling program to U.S. consumers. Each item maps to a real TCPA, FCC, CTIA, or state requirement. Miss one and each call can carry $500 in statutory damages, up to $1,500 if willful.
Short answer
TCPA compliance for AI and automated marketing calls in the United States comes down to eight things: capture prior express written consent (PEWC) before you dial; scrub every number against the National DNC Registry at least every 31 days and against your internal do-not-call list; honor opt-outs made in any reasonable way within 10 business days (stop immediately in practice); call only between 8 a.m. and 9 p.m. in the recipient's local time, or the stricter window in their state; identify your business at the start of the call (47 C.F.R. § 64.1200(b)) and disclose the AI, which several states require; get two-party recording consent in all-party-consent states; register for 10DLC before sending A2P SMS; and keep an audit trail of consent, scrubs, opt-outs, and disclosures. A missed item can carry $500 in statutory damages per violation, up to $1,500 if willful, and consent is the caller's to prove.
What are the TCPA calling hours?
TCPA calling hours are 8:00 a.m. to 9:00 p.m. in the called party's local time. Under the FCC's telemarketing rules (47 C.F.R. § 64.1200(c)(1)), a telephone solicitation may not be placed to a residential subscriber outside that window — and the clock that matters is the one where the person you are calling is, not the one where your office or your dialer is.
- •Their timezone, not yours. A 9:30 a.m. call from New York reaches a California number at 6:30 a.m. — a violation. Resolve the recipient's timezone before dialing.
- •Area code is a guess, not an answer. Mobile numbers keep their area code across moves, so a 212 number may sit in Denver. Use the best location information you actually hold, and treat the area code as a fallback.
- •Several states are stricter. Florida, Oklahoma, Maryland, Oregon and Washington end at 8 p.m.; Texas runs 9 a.m.–9 p.m. with Sundays from noon; and from October 18, 2026 Pennsylvania allows only 9 a.m.–7 p.m. and no Sundays. The federal 8–9 rule is a floor, not a safe harbour — see TCPA calling hours by state.
- •It applies to solicitations. The quiet-hours restriction targets telemarketing. Purely informational or transactional calls are treated differently — but consent, disclosure, and opt-out obligations still apply to those, so don't use the label as a workaround.
In Lead Friendly this is enforced, not documented: every outbound call and text passes a quiet-hours gate that resolves the destination timezone per contact and blocks anything outside the permitted window, with the block written to the audit log.
1. Capture prior express written consent (PEWC)
For AI/artificial-voice or autodialed marketing calls and texts, get the contact’s signed, written agreement (an e-signature counts) to be contacted at that number before you dial. It must name your business and say agreeing is not a condition of purchase. Store the consent text, timestamp, and source. A bought list is not consent.
2. Scrub against the National DNC Registry
Check every number against the federal Do Not Call Registry at least every 31 days, and against your own internal do-not-call list before every campaign. Suppress matches automatically.
3. Honor opt-outs fast, however they arrive
A consumer can revoke consent in any reasonable way — replying STOP, QUIT or CANCEL, or saying "don’t call me" on a call — and the FCC rule in force since April 2025 requires honoring it within 10 business days. Stop immediately in practice, keep internal do-not-call requests for 5 years, send the CTIA STOP confirmation, and answer HELP.
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4. Call only within permitted hours
Restrict calling to 8 a.m.–9 p.m. in the called party’s local time (resolve timezone from their number/address, not yours), then apply stricter state windows: Florida, Oklahoma, Maryland, Oregon and Washington stop at 8 p.m., and from October 18, 2026 Pennsylvania allows only 9 a.m.–7 p.m. with no Sundays. Apply per-contact attempt and frequency caps.
5. Identify the caller and disclose the AI
Per 47 C.F.R. § 64.1200(b), identify the business at the start of every artificial-voice call, give a callback number, and offer an automated opt-out on telemarketing calls. A federal AI-specific disclosure rule is proposed but not final; California (AB 2905), Maine and Utah already require AI disclosure in some situations. Disclose the AI on every call and never let the agent deny it.
6. Handle two-party recording consent
In all-party-consent states (CA, WA, IL, FL, PA and others), disclose recording to every party before recording — or don’t record. Treat unknown states as two-party. Recording without consent there can be a criminal offense.
7. Register for 10DLC if you send SMS
U.S. A2P texting requires brand + campaign registration (10DLC/TCR) through your carrier. Unregistered traffic is filtered or blocked and can carry penalties.
8. Keep an audit trail
Log consent records, DNC scrubs, opt-outs, disclosures, and every compliance block. If a regulator or plaintiff asks, consent is your defense to prove. Keep records at least 4 years (the TCPA limitations period) and 5 years for telemarketing records covered by the FTC’s Telemarketing Sales Rule.
Build it in, don’t bolt it on
Lead Friendly builds these into the platform — the consent gate, DNC and opt-out suppression, quiet hours by contact timezone, the non-removable AI disclosure, recording-consent gating, 10DLC registration, and an audit log of every block. See the compliance overview.
Stop assembling a compliance stack
Lead Friendly ships the compliance gate that runs before every call and text.
See pricingThis checklist is general information, not legal advice, and is not exhaustive. Consult qualified telecom/TCPA counsel for your specific program.