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Telemarketing Sales Rule vs TCPA

17 min readRules read 2026-10-22

For the owner or ops lead running a calling team: the FTC's Telemarketing Sales Rule and the FCC's TCPA rules, topic by topic, with who enforces each and a helper that tells you which ones reach your calls. Every rule here was read in its own text on 2026-10-22.

Photomontage of two desk telephones facing each other with their cords meeting on putty with a slate diagonal and an oxblood square
Fig. 01 Two desk telephones facing each other

The short answer

Two federal rulebooks govern a sales call, written by two agencies under two different laws. They agree on most of what a calling floor does every day, and they part ways on who they cover, what records they want and who can sue. Here is the split on one card.

Rules read 2026-10-22

The two rules side by side

Every row below was read in the rule's own text on 2026-10-22. The section under each cell is where to check it; the last column says who can bring a case over it. On a phone, the table scrolls sideways.

The Telemarketing Sales Rule beside the TCPA and the FCC's rules, topic by topic, with who enforces each
TopicTelemarketing Sales Rule (FTC)TCPA and FCC rulesWho enforces
What it isAn FTC rule written under the Telemarketing and Consumer Fraud and Abuse Prevention Act of 1994.16 CFR Part 310; 15 U.S.C. §§ 6101–6108A 1991 statute, with rules written by the FCC.47 U.S.C. § 227; 47 CFR § 64.1200TSR: the FTC, and the CFPB for consumer financial products. TCPA: the FCC.
Which callsSales and charity campaigns that involve more than one interstate call. Most business-to-business calls and calls the customer starts are exempt.16 CFR § 310.2(ii), § 310.6Calls and texts to people in the United States, inside one state or across state lines. Do Not Call and hours protect residential and wireless subscribers.47 U.S.C. § 227(b)(1); 47 CFR § 64.1200(c), (e)Each agency inside its own rule; a call can break both.
Text messagesThe rule's text speaks of telephone calls and never mentions text messages.16 CFR Part 310A text is a call. The hours and Do Not Call rules apply to telemarketing texts sent to wireless numbers.47 CFR § 64.1200(a)(9), (e)TCPA: the FCC, state attorneys general and the person texted.
Calling hours8 a.m. to 9 p.m. at the called person's location, for outbound calls to a residence without prior consent.16 CFR § 310.4(c)8 a.m. to 9 p.m. at the called party's location, for telephone solicitations to residential subscribers.47 CFR § 64.1200(c)(1)TSR: the FTC and state attorneys general. TCPA: the FCC, state attorneys general and the person called.
National Do Not Call RegistryNo sales call to a registered number unless the seller holds the person's signed written agreement or an established business relationship.16 CFR § 310.4(b)(1)(iii)(B)No telephone solicitation to a registered number unless there is a signed written agreement, an established business relationship or a personal relationship.47 CFR § 64.1200(c)(2), (f)(15)TSR: the FTC and state attorneys general. TCPA: the FCC, state attorneys general and the person called.
Established business relationshipA purchase or transaction within the 540 days before the call, or an inquiry within the 90 days before it.16 CFR § 310.2(q)A purchase in the last 18 months or an inquiry in the last 3 months.47 CFR § 64.1200(f)(5)TSR: the FTC and state attorneys general. TCPA: the FCC, state attorneys general and the person called.
Registry scrub and accessSafe harbor uses a registry copy no older than 31 days. Access costs $85 per area code a year, the first five free, at most $23,425 (from 2026-10-01).16 CFR § 310.4(b)(3)(iv), § 310.8Safe harbor uses a registry copy no older than 31 days, bought from the registry administrator, with no shared access costs.47 CFR § 64.1200(c)(2)(i)(D)–(E)TSR: the FTC and state attorneys general. TCPA: the FCC, state attorneys general and the person called.
Your own do-not-call listNo call to a person who has said they do not want calls from that seller. The rule's text sets no day count for honouring it.16 CFR § 310.4(b)(1)(iii)(A)Written policy and trained staff; honour a request within 10 business days and keep it 5 years.47 CFR § 64.1200(d)TSR: the FTC and state attorneys general. TCPA: the FCC, state attorneys general and the person called.
Abandoned callsAbandoning is banned; the safe harbor is 3% or less per campaign per 30 days, 15 seconds or four rings, and a message within two seconds naming the seller and its number.16 CFR § 310.4(b)(1)(iv), (b)(4)No more than 3% of live-answered calls per campaign per 30 days; a message with the seller's name, a do-not-call number and a key-press opt-out.47 CFR § 64.1200(a)(6)–(7)TSR: the FTC and state attorneys general. TCPA: the FCC and state attorneys general; whether a private suit reaches this rule is argued case by case.
Prerecorded sales messagesA signed written agreement naming the seller, the message within two seconds of the greeting, and a key-press or toll-free opt-out.16 CFR § 310.4(b)(1)(v)Prior express written consent for cell phones and home lines; the caller's identity, a number, and an opt-out within two seconds.47 CFR § 64.1200(a)(2)–(3), (b)TSR: the FTC and state attorneys general. TCPA: the FCC, state attorneys general and the person called.
Caller IDSend the number, and the name when the carrier allows; the seller's name and a customer-service number answered in business hours may stand in.16 CFR § 310.4(a)(8)Send CPN or ANI, and the name when the carrier allows; never block it; the number must take do-not-call requests.47 CFR § 64.1601(e)TSR: the FTC and state attorneys general. TCPA: the FCC and state attorneys general; whether a private suit reaches this rule is argued case by case.
What the caller must sayPromptly: who the seller is, that the call is to sell something, and what it is.16 CFR § 310.4(d)The caller's name, the business calling, and a phone number or address to reach it.47 CFR § 64.1200(d)(4)TSR: the FTC and state attorneys general. TCPA: the FCC and state attorneys general; whether a private suit reaches this rule is argued case by case.
Records5 years: scripts and recorded messages, a record of every call, consents, do-not-call requests and the registry version used.16 CFR § 310.5No general call log. Do-not-call requests kept 5 years, the scrub process documented, and abandon-rate records.47 CFR § 64.1200(a)(7)(iii), (c)(2), (d)(6)TSR: the FTC and state attorneys general. TCPA: the FCC and state attorneys general; whether a private suit reaches this rule is argued case by case.
PenaltiesCivil penalties up to $53,088 per violation (the 2025 level, kept for 2026).16 CFR § 1.98(d); 91 FR 58446$500 per call or text, up to three times that ($1,500) if the court finds the violation willful or knowing; FCC forfeitures on top.47 U.S.C. § 227(b)(3), (b)(4), (c)(5)TSR: the FTC in federal court. TCPA: courts, on a private or state suit, and the FCC.
Can a consumer sue?Only over a pattern or practice, and only above $50,000 in actual damages for each person affected, within 3 years of discovery.15 U.S.C. § 6104Yes, per call or text; for Do Not Call, after more than one call in 12 months from the same entity.47 U.S.C. § 227(b)(3), (c)(5)State attorneys general can sue under both (15 U.S.C. § 6103; 47 U.S.C. § 227(g)).

Read the table as a floor, not a choice. A seller placing interstate sales calls to consumers meets both columns at once, and where they differ the stricter line wins in practice: the FCC's 10-business-day deadline for a do-not-call request, the FTC's call-by-call records. State laws then add their own hours and consent rules on top; mini-TCPA state laws covers them.

Which rules apply to my call?

Scope is where the two rules differ most, and four questions settle most of it: what the call does, who answers, whether it crosses a state line and who dialled. Change one answer at a time to see what moves.

Which rules apply to my call?

Pick the answers that fit one campaign. The helper reads the rules' own scope words; it is a map, not a legal opinion, and state laws sit on top of both.

What are you sending?
Who are you calling?
Where are you and the people you call?
Who starts the call?

Telemarketing Sales Rule (FTC)

Applies

  • Scrub the National Do Not Call Registry with a copy no older than 31 days, and pay for access to the area codes you call.16 CFR § 310.4(b)(3)(iv), § 310.8
  • Call only from 8 a.m. to 9 p.m. at the called person's location, unless they consented first.16 CFR § 310.4(c)
  • Send caller ID and say promptly who the seller is, that the call is to sell, and what.16 CFR § 310.4(a)(8), (d)
  • With a dialer: abandon 3% or less per campaign per 30 days, ring 15 seconds or four rings.16 CFR § 310.4(b)(4)
  • Keep scripts, call records, consents and do-not-call requests for 5 years.16 CFR § 310.5

TCPA and FCC rules

Applies

  • An autodialer to a cell phone needs prior express written consent; a dialer that drops calls stays at 3% or less.47 CFR § 64.1200(a)(2), (a)(7)
  • Scrub the national registry (a copy no older than 31 days) and your own list; honour a request within 10 business days.47 CFR § 64.1200(c)(2), (d)
  • Call only from 8 a.m. to 9 p.m. at the called party's location.47 CFR § 64.1200(c)(1)
  • Send caller ID, never blocked.47 CFR § 64.1601(e)

Who each rule covers

The TSR is a rule about telemarketing campaigns, and it defines telemarketing narrowly. The TCPA is a rule about calls, and it reaches almost every one of them.

“Telemarketing means a plan, program, or campaign which is conducted to induce the purchase of goods or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call.”

16 CFR § 310.2(ii)

Calls inside one state

That last clause matters for a local business. When the FTC costed its 2024 amendments, its staff took the entities that bought registry data for a single state as “operating solely intrastate, and thus would not be subject to the TSR” (89 FR 26760). The TCPA has no such condition: its rules reach callers “within the United States” and anyone abroad calling into it (47 U.S.C. § 227(b)(1)), and it leaves states free to set stricter rules for calls inside their own borders (§ 227(f)(1)). A roofing company calling only its own state is still a TCPA caller.

Business-to-business calls

The TSR exempts calls “between a telemarketer and any business to induce the purchase of goods or services,” except for its bans on misrepresentation, and except calls selling nondurable office or cleaning supplies (16 CFR § 310.6(b)(7)). The FCC's Do Not Call and hours rules protect residential subscribers, so a business landline sits outside them; its autodialer and prerecorded-voice rules reach any cell phone, so a sales team dialling owners' mobiles with a dialer still needs consent. The full list of carve-outs is in TCPA exemptions.

Inbound calls and upsells

A customer who calls you is mostly outside the TSR: calls not prompted by a solicitation are exempt, and so are calls answering an ad, unless the call carries an upsell or the ad is for investments, debt relief, tech support, business opportunities or a few other listed offers (16 CFR § 310.6(b)(4)–(5)). The TCPA's call rules are written about calls you initiate, so the inbound call is clear of them; the follow-up call you place next week is not.

Do Not Call under both rules

There is one National Do Not Call Registry, run by the FTC, and both rules point to it. The FTC bars sales calls to registered numbers in 16 CFR § 310.4(b)(1)(iii)(B); the FCC bars telephone solicitations to them in 47 CFR § 64.1200(c)(2). Scrub once and the scrub serves both, if it is fresh.

Both safe harbors want the same habits: written procedures, trained staff, your own recorded do-not-call list, and a registry copy no older than 31 days, with records showing you used it. A call that still gets through has to be the result of error. The Do Not Call rules for business walk through each element, and the DNC scrubbing software comparison shows which tools keep the 31-day copy for you.

The established business relationship is measured differently

Both rules let you call a registered number when you already do business with the person. The FTC counts in days: a purchase, rental, lease or financial transaction within the 540 days before the call, or an inquiry or application within the 90 days before it (16 CFR § 310.2(q)). The FCC counts in months: a purchase in the last 18 months or an inquiry in the last 3 (47 CFR § 64.1200(f)(5)). Close, but not the same on every date, so set your CRM to the shorter of the two. A person who asks you to stop calling ends the relationship for this purpose under both.

Paying for the registry

The TSR makes it a violation to call any number in an area code before the seller has paid for that area code's registry data (16 CFR § 310.8(a)). For the year that began 2026-10-01 the fee is $85 per area code, the first five free, at most $23,425 for all of them, and $43 per area code added in the second half of a subscription year (91 FR 54947). Each payer gets a subscription account number, and the TSR wants a record of which registry version, account number and campaign each scrub used (16 CFR § 310.5(a)(11)). The FCC's safe harbor asks for the same purchase from the administrator, and both rules forbid splitting the cost with other sellers.

Calling hours, caller ID and what the caller says

On hours the two rules match to the minute: 8 a.m. to 9 p.m. at the called person's location. The TSR lifts the window when the person gave prior consent (16 CFR § 310.4(c)); the FCC's window covers telephone solicitations, which already leave out calls made with the person's invitation or permission (47 CFR § 64.1200(c)(1), (f)(15)).

Photomontage of a wall clock above an open ledger on putty with an oxblood diagonal and a slate block
Fig. 02 A wall clock above an open ledger

Florida, Oklahoma, Maryland and Washington end at 8 p.m., and other states differ again, so the federal window is the outer edge, not the plan. The quiet hours checker reads the window for a given number and time zone.

Caller ID

Both rules make telemarketers send caller ID, and both let the seller's name and customer-service number stand in for the dialling line. The FTC asks that the number be “answered during regular business hours” (16 CFR § 310.4(a)(8)); the FCC asks that it “permit any individual to make a do-not-call request during regular business hours” and forbids blocking caller ID outright (47 CFR § 64.1601(e)). A number that rings a voicemail box nobody checks fails both. The branded caller ID comparison covers how the name gets displayed.

The opening lines

The FTC wants the sales purpose up front: the identity of the seller, that the call is to sell goods or services, and what they are, “truthfully, promptly, and in a clear and conspicuous manner” (16 CFR § 310.4(d)). The FCC wants the caller's own name, the business calling and a number or address to reach it (47 CFR § 64.1200(d)(4)). A script that opens with a first name, the company and “I'm calling about…” with the product named in the first breath meets both.

Abandoned calls and prerecorded messages

Dialers are where the TSR and the TCPA are closest. Both define an abandoned call the same way, both cap it at the same rate, and both ring for the same time before hanging up.

“The seller or telemarketer employs technology that ensures abandonment of no more than three (3) percent of all calls answered by a person, measured over the duration of a single calling campaign, if less than 30 days, or separately over each successive 30-day period or portion thereof that the campaign continues.”

16 CFR § 310.4(b)(4)(i)

The FCC writes the same 3% as a flat ban: no more than 3% of live-answered telemarketing calls abandoned, per campaign, over each 30-day period; a call is abandoned if no live agent comes on within two seconds of the completed greeting; an unanswered call rings at least 15 seconds or four rings (47 CFR § 64.1200(a)(6)–(7)). The message an abandoned call plays differs a little: the TSR asks for the seller's name and phone number, the FCC for the seller's name, that the call was for telemarketing purposes, a do-not-call number and a key-press opt-out. Play the FCC's version and you meet both. The predictive dialer comparison shows which dialers cap the rate by campaign, and the power dialer comparison covers dialers that wait for an agent.

Photomontage of a headset beside a clipboard on a slate block with a putty diagonal and an oxblood bar
Fig. 03 A headset beside a clipboard

Prerecorded sales calls

The TSR bans an outbound call that plays a prerecorded sales message unless the seller holds a written agreement, signed by the person, that names the specific seller, carries the phone number, was given after a clear disclosure of what it authorises, and was not a condition of buying anything (16 CFR § 310.4(b)(1)(v)(A)). The call must then ring 15 seconds or four rings, start the message within two seconds of the greeting, and offer a key-press opt-out, or a toll-free opt-out number when it lands in voicemail. The FCC asks for prior express written consent for the same calls to cell phones and home lines, and the same two-second opt-out (47 CFR § 64.1200(a)(2)–(3), (b)). One consent form can do both jobs; prior express written consent shows the wording line by line.

Records: where the TSR asks far more

The FCC asks for a handful of records tied to specific rules. The FTC asks for a full paper trail of the calling operation, kept for 5 years, and since its 2024 amendments that trail runs call by call (16 CFR § 310.5; the per-call record has been required since 2024-10-15).

16 CFR § 310.5(a), read 2026-10-22

Hand-dialled calls get one break: when a person keys in a single number to place the call, the calling and called number, date, time, duration and disposition fields are not required (16 CFR § 310.5(a)(2)(x)). Times go in UTC, to the second (§ 310.5(b)). A seller and its call centre may split the duty in a written agreement; without one, both are responsible.

On the FCC side the duties are narrower: do-not-call requests kept 5 years (47 CFR § 64.1200(d)(6)), records documenting the registry scrub (§ 64.1200(c)(2)(i)(D)), and records showing the abandon rate (§ 64.1200(a)(7)(iii)). In practice the consent record matters most of all, because the consent a caller claims is what a TCPA suit turns on, and the TSR's consent fields make a good template for it. The TCPA compliance checklist lists each record with its rule.

Penalties and who can sue

The biggest practical difference is who can bring the case. The TSR is mostly enforced by governments. The TCPA is mostly enforced by the people who got the calls.

Under the TSR

The FTC sues in federal court. A state attorney general can sue on behalf of the state's residents for an injunction, damages or restitution (15 U.S.C. § 6103). A private person can sue only over a pattern or practice of violations, within three years of discovering it, and only if the amount in controversy exceeds $50,000 in actual damages for each person affected (§ 6104). Few consumers clear that bar, so private TSR suits are rare.

Under the TCPA

The person called can sue for each call or text: under § 227(b)(3) for autodialer, prerecorded and consent violations, and under § 227(c)(5) for Do Not Call violations after more than one call in 12 months from the same entity. A state can sue for $500 per violation, trebled if willful or knowing (§ 227(g)(1)). The FCC can add forfeitures, with up to $10,000 more per intentional violation (§ 227(b)(4)(B)). A list of 2,000 numbers dialled wrongly is $1,000,000 before trebling; the TCPA penalty estimator runs your own numbers.

Does the TSR cover text messages?

The TSR's text never says. It speaks of telephone calls, outbound telephone calls and telephones, and the FTC's 2024 amendments to the rule do not mention text messages either. We found no FTC statement in the rule or its 2024 rulemaking that settles the question.

The FCC's rules are explicit: the hours and Do Not Call paragraphs apply to “telephone solicitations or telemarketing calls or text messages to wireless telephone numbers” (47 CFR § 64.1200(e)), and a marketing text from a platform needs prior express written consent. So for a texting program, plan around the TCPA and the carriers' rules; TCPA rules for text messages sets them out. If someone tells you the TSR does or does not reach your texts, ask for the source.

Questions owners ask

Is the Telemarketing Sales Rule the same as the TCPA?

No. The TCPA is a 1991 statute (47 U.S.C. § 227) with rules written by the FCC (47 CFR § 64.1200). The Telemarketing Sales Rule is the FTC's rule (16 CFR Part 310) under a separate 1994 law, the Telemarketing and Consumer Fraud and Abuse Prevention Act. They overlap on hours, Do Not Call, abandoned calls and caller ID, and a sales call can break both at once.

Which one can a consumer sue under?

The TCPA. It gives a person $500 per call or text, up to three times that ($1,500) if the court finds the violation willful or knowing. The Telemarketing Act lets a private person sue only over a pattern or practice of violations, and only if the amount in controversy exceeds $50,000 in actual damages for each person affected (15 U.S.C. § 6104).

Do both rules use the same calling hours?

Yes: 8 a.m. to 9 p.m. at the called person's location. The FTC's rule says so for outbound calls to a residence without the person's prior consent (16 CFR § 310.4(c)); the FCC's says so for telephone solicitations to residential subscribers (47 CFR § 64.1200(c)(1)). Several states are stricter, so check the state statute too.

Does the Telemarketing Sales Rule apply to calls inside one state?

Its definition of telemarketing needs a campaign that "involves more than one interstate telephone call" (16 CFR § 310.2(ii)), and FTC staff counted entities that bought registry data for a single state as "operating solely intrastate, and thus would not be subject to the TSR" (89 FR 26760). The TCPA has no such condition, and state telemarketing laws usually fill the gap.

What does access to the Do Not Call Registry cost?

For the year from 2026-10-01: $85 per area code, the first five free, up to $23,425 for every area code, and $43 per added area code in the second half of a subscription year (16 CFR § 310.8; 91 FR 54947). Both rules forbid sharing the cost of access with other sellers.

Are business-to-business calls covered?

Mostly not by the FTC's rule: calls to induce a business to buy are exempt except for the bans on misrepresentation, and the exemption does not cover retail sales of nondurable office or cleaning supplies (16 CFR § 310.6(b)(7)). The FCC's Do Not Call rules protect residential subscribers, but its autodialer and prerecorded-voice rules reach any cell phone, whoever pays the bill.

Sources

  1. 16 CFR Part 310, Telemarketing Sales Rule (eCFR, current as of 2026-10-20)fetched 2026-10-22
  2. 16 CFR § 310.2(q), (ii): established business relationship and telemarketing definitionsfetched 2026-10-22
  3. 16 CFR § 310.4(a)(8), (b), (c), (d): caller ID, Do Not Call, abandoned and prerecorded calls, hours, disclosuresfetched 2026-10-22
  4. 16 CFR § 310.5: recordkeeping requirementsfetched 2026-10-22
  5. 16 CFR § 310.6: exemptions, including business-to-business callsfetched 2026-10-22
  6. 16 CFR § 310.8: fee for access to the National Do Not Call Registryfetched 2026-10-22
  7. FTC, Telemarketing Sales Rule Fees, 91 FR 54947 (Aug. 26, 2026; effective 2026-10-01)fetched 2026-10-22
  8. 16 CFR § 1.98: FTC civil penalty amounts (90 FR 5581, Jan. 17, 2025)fetched 2026-10-22
  9. FTC, Civil Penalty Inflation Adjustments, 91 FR 58446 (Sept. 15, 2026): 2025 levels kept for 2026fetched 2026-10-22
  10. FTC, Telemarketing Sales Rule final rule, 89 FR 26760 (Apr. 16, 2024)fetched 2026-10-22
  11. 15 U.S.C. § 6102, Telemarketing Act: rule violations (govinfo, 2023 edition)fetched 2026-10-22
  12. 15 U.S.C. § 6103, Actions by Statesfetched 2026-10-22
  13. 15 U.S.C. § 6104, Actions by private personsfetched 2026-10-22
  14. 15 U.S.C. § 6105, Administration and applicabilityfetched 2026-10-22
  15. 47 CFR § 64.1200, Delivery restrictions (eCFR, current as of 2026-10-20)fetched 2026-10-22
  16. 47 CFR § 64.1601(e), Caller ID for telemarketingfetched 2026-10-22
  17. 47 U.S.C. § 227, Restrictions on use of telephone equipment (govinfo, 2023 edition)fetched 2026-10-22