TCPA-compliant auto dialers: what the software can enforce
6 vendors comparedVendor claims read 2026-10-22
For the owner or ops lead choosing a dialer for a team that calls customers and leads. No dialer makes a call compliant: consent, scrubbing and timing do, and the software only enforces what you feed it. We read six vendors' own documentation on 2026-10-22 for the controls that cut exposure: holding records without consent out of automated modes, manual and click-to-call modes, Do Not Call and litigator scrubs, reassigned numbers, calling hours, the abandoned-call cap and recording by state.
Verdict by use case
Best overall
An attended dialer: the next number goes out only after the agent finishes the last call. Calling hours default to 8 a.m. to 9 p.m., and DNC.com scrubbing for the registry and known litigators plugs in as a separate subscription.
Best for mixed-consent lists
Records you mark compliance required go out only by click-to-call or manual dial, while the rest of the list runs under an abandon threshold that defaults to 3.0%. Curfews apply per time zone and can be narrowed for a single record.
Best for nonprofits and campaigns
Built for advocacy, union and political outreach, with cell numbers and likely litigators filtered out at campaign setup. Smart Call Recording handles all-party states by recording the agent side, playing a disclaimer or skipping the recording.
Six dialers, nine controls
The first two rows decide which records an automated mode may touch at all. The next four are the lists: the registry, your own do-not-call list, known litigators and the Reassigned Numbers Database. The last three are the clock, the pace and the recording. "Our pick" marks the best-overall verdict.
Two rows tell you more than the rest. Not one of the six documents a built-in reassigned-number query, so that check is yours to buy. And several scrubs run through a separate DNC.com or Gryphon subscription, so the dialer's "Yes" depends on an account you hold elsewhere. Those services are compared in the DNC scrubbing comparison, and the litigator scrub guide covers what those lists are.
| Requirement | Our pickPhoneBurner | Kixie | CallHub | VICIdial | NiCE CXone | CallTools |
|---|---|---|---|---|---|---|
| Holds records without consent out of automated dialing | Check with the vendor | Check with the vendor | Yes | Check with the vendor | Yes | Check with the vendor |
| Offers an agent-initiated (manual or preview) dialing mode | Yes | Yes | Yes | Yes | Yes | Yes |
| Scrubs against the National DNC Registry | Yes | Check with the vendor | Check with the vendor | Yes | Yes | Yes |
| Keeps an internal do-not-call list for outbound calls | Yes | Yes | Yes | Yes | Yes | Yes |
| Screens numbers against a known-litigator list | Yes | Check with the vendor | Yes | Yes | Check with the vendor | Check with the vendor |
| Checks numbers against the FCC Reassigned Numbers Database | Check with the vendor | Check with the vendor | Check with the vendor | Check with the vendor | Check with the vendor | Check with the vendor |
| Calling window by the recipient's time zone | Yes | Yes | Yes | Yes | Yes | Yes |
| Caps the abandoned-call rate at 3% per campaign | Check with the vendor | Check with the vendor | Yes | Check with the vendor | Yes | Check with the vendor |
| Changes recording behaviour by the other party's state | Check with the vendor | Yes | Yes | Check with the vendor | Check with the vendor | Check with the vendor |
- Holds records without consent out of automated dialing
- An autodialed or prerecorded call to a wireless number needs the called party's prior express consent, and written consent when the call is telemarketing.47 CFR § 64.1200(a)(1)(iii), (a)(2)
- Offers an agent-initiated (manual or preview) dialing mode
- Some state laws reach any automated system that selects and dials numbers; an agent-initiated mode keeps leads without written consent out of the predictive queue.Fla. Stat. § 501.059(8)(a) (2026)
- Scrubs against the National DNC Registry
- The safe harbor needs a registry copy obtained no more than 31 days before the call.47 CFR § 64.1200(c)(2)(i)(D)
- Keeps an internal do-not-call list for outbound calls
- Telemarketers must record a do-not-call request when it is made and honour it for five years.47 CFR § 64.1200(d)(3), (d)(6)
- Screens numbers against a known-litigator list
- No rule requires it and it earns no safe harbor; it lowers the odds of dialing people who sue often, and it never replaces consent.
- Checks numbers against the FCC Reassigned Numbers Database
- A database answer of "no" that turns out wrong is a safe harbor for a call to a number that changed hands after consent.47 CFR § 64.1200(m)
- Calling window by the recipient's time zone
- No telephone solicitation before 8 a.m. or after 9 p.m. local time at the called party's location.47 CFR § 64.1200(c)(1)
- Caps the abandoned-call rate at 3% per campaign
- No more than three percent of live-answered telemarketing calls may be abandoned, measured per campaign over each 30-day period.47 CFR § 64.1200(a)(7)
- Changes recording behaviour by the other party's state
- Federal law needs one party's consent; about 11 states need everyone's, and the stricter law can apply across state lines.18 U.S.C. § 2511(2)(d)
What a dialer can't make compliant
"TCPA-compliant" describes a call, not a product. Each exposure below has a part a setting can enforce and a part that stays with the business, and the second column is where most claims fail. The autodialer guide covers the definition the Supreme Court narrowed in 2021.
| Exposure | What a dialer setting can do | What stays your job |
|---|---|---|
| Consent for autodialed or prerecorded calls47 CFR § 64.1200(a)(1)–(3) | Hold records you flag as lacking consent out of automated modes and route them to click-to-call. | Getting the consent, keeping the signed form, and marking which records carry it. |
| National Do Not Call Registry47 CFR § 64.1200(c)(2) | Skip numbers a scrubbing service returns as registered, at upload or at dial time. | Paying for registry access for the area codes you call (16 CFR § 310.8), written procedures and trained staff. |
| Your own do-not-call list47 CFR § 64.1200(d)(3), (d)(6) | Write an opt-out to a list the dialer checks before every call. | Capturing requests made by email, in a store or to another team; honouring them within 10 business days and for 5 years. |
| Numbers that changed hands47 CFR § 64.1200(m) | None of the six dialers here documents a built-in Reassigned Numbers Database query. | Subscribing to the FCC database and checking numbers whose consent predates a possible disconnection. |
| Calling hours47 CFR § 64.1200(c)(1) | Hold records outside 8 a.m. to 9 p.m. at the contact's location. | Knowing how the dialer works out that location, and adding stricter state hours such as Florida's 8 p.m. |
| Abandoned calls47 CFR § 64.1200(a)(7) | Throttle pacing under 3% per campaign over 30 days and play the ID message within two seconds. | Reading the rate per campaign, not account-wide, and keeping the reports. |
| Recorded and AI voices47 CFR § 64.1200(a)(2), (a)(3) | Nothing: a voicemail drop or an AI-generated voice is an artificial or prerecorded voice call. | Holding written consent before a recorded or AI sales message plays. |
| Recording the call18 U.S.C. § 2511(2)(d) and state law | Skip, announce or one-side the recording by the contact's state. | Deciding which state's law governs a call that crosses state lines. |
Match the dialing mode to the record
The useful question is not which dialer to buy but which records may go through which mode. A recorded sales message needs prior express written consent; a live call from a list dialer usually needs none federally, and Florida reaches further. Voicemail drops count as recordings: the ringless voicemail comparison has the FCC ruling, and the state telemarketing laws guide has the state's rules.
Which dialing mode for this record?
Answer for one record on your list. Pre-filled with a common case: a sales call to a mobile number whose owner gave it on a form without signing anything.
What the call is for
Who speaks first
The number on the record
Florida number
Consent on file
Dialing mode
Cautious mode
Agent-initiated is the cautious choice. A dialer that calls an uploaded list usually falls outside the autodialer definition after Facebook v. Duguid, but that is a legal reading, not a setting you can switch on.
Facebook, Inc. v. Duguid (2021)
Consent the federal rule asks for
None for a live call from a dialer that is not an autodialer. If a court treated your dialer as one, this number would need prior express consent, written for a sales call.
47 CFR § 64.1200(a)(1)(iii), (a)(2)
Controls to have on
- Scrub against the National Do Not Call Registry, using a copy no older than 31 days.
- Check your internal do-not-call list before the call goes out.
- Call between 8 a.m. and 9 p.m. at the called party's location.
- Query the Reassigned Numbers Database before calling: the consent came from whoever held the number then.
- Honour a revocation made by any reasonable method within 10 business days.
Federal rules plus Florida's, for a business caller; nonprofit, health-care and debt-collection calls have their own exemptions. A voicemail drop to a wireless number is a prerecorded-voice call (FCC 22-85), and so is an AI-generated voice (FCC 24-17). This is a sorting aid, not legal advice.
Where each dialer reads the contact's clock
Every dialer here enforces calling hours, but "local time" is only as good as the location behind it. This is what each vendor's own page says it reads.
- PhoneBurnerThe phone number alone. The address only sorts the contact manager, so a New York number with a California address is called on New York time. Toll-free numbers are not blocked at all.
- KixieThe area code, for each PowerList's Target Hours.
- CallHubEither each contact's own time zone (US numbers only) or one time zone for the whole campaign. CallHub warns that one Eastern clock puts West Coast contacts at 5 a.m.
- NiCE CXoneA time zone field on the record first, then the ZIP code, then city and state, then the area code. A record it cannot place is rejected or given a default you pick.
- VICIdialA time zone looked up for each lead at import; prefix-level data is sold separately.
- CallToolsThe recipient's local time, set per state. The page does not say what the location is read from.
The federal window runs on the called party's location, and an area code is only a proxy for it: people keep their numbers when they move. Where a record carries both a number and an address in different time zones, dialing only when both clocks sit inside the window is the safe reading. The quiet hours checker shows the window for one number, state rules included.
Vendor by vendor
Each card repeats the table's rows with the detail from the vendor's own page. Leaving PhoneBurner? PhoneBurner alternatives covers the move.
PhoneBurner
What it is
A cloud power dialer with a built-in contact manager and CRM integrations. It calls you on your own phone or a softphone and moves to the next contact when you disposition the last call.
Who it fits
Small sales and service teams calling their own leads one conversation at a time.
- Holds records without consent out of automated dialingCheck with the vendor
- Offers an agent-initiated (manual or preview) dialing modeYes
An attended dialer: the next number goes out only after the agent dispositions the last call.
- Scrubs against the National DNC RegistryYes
Through an integration with DNC.com, a separate subscription. Numbers are checked in real time as you dial.
- Keeps an internal do-not-call list for outbound callsYes
The dialer skips numbers on the account's DNC list. A team shares one list, fed by dispositions, the contact record, manual entry and SMS STOP replies.
- Screens numbers against a known-litigator listYes
Through the same DNC.com integration, which checks a known-litigator database.
- Checks numbers against the FCC Reassigned Numbers DatabaseCheck with the vendor
- Calling window by the recipient's time zoneYes
8:00 a.m. to 9:00 p.m. by default. Admins can widen the hours, and toll-free numbers are not blocked.
- Caps the abandoned-call rate at 3% per campaignCheck with the vendor
An attended dialer; the help centre names no abandon-rate setting.
- Changes recording behaviour by the other party's stateCheck with the vendor
Recording is switched on per account and per agent, and only live answers are recorded. No state-by-state setting is described.
Kixie
What it is
A cloud phone system for sales teams with click-to-call, a PowerDialer that can dial up to 10 numbers per agent, and CRM call automations.
Who it fits
Sales teams working inside HubSpot, Salesforce or another CRM who want the dialer in the same screen.
- Holds records without consent out of automated dialingCheck with the vendor
- Offers an agent-initiated (manual or preview) dialing modeYes
Click-to-call and manual dialing sit beside the PowerDialer. Kixie's own advice for the most cautious setup is to dial only those ways.
- Scrubs against the National DNC RegistryCheck with the vendor
A paid DNC Algorithm add-on blocks numbers Kixie's own model judges likely to be on the registry, with no promise of accuracy. That is not a scrub against a registry copy.
- Keeps an internal do-not-call list for outbound callsYes
Managers add numbers to a Blocked list and pick which contact methods it blocks.
- Screens numbers against a known-litigator listCheck with the vendor
- Checks numbers against the FCC Reassigned Numbers DatabaseCheck with the vendor
- Calling window by the recipient's time zoneYes
Each PowerList has Target Hours, applied in the contact's time zone as worked out from the area code.
- Caps the abandoned-call rate at 3% per campaignCheck with the vendor
Multi-line tiers dial up to 4 or 10 numbers per agent and connect the first answer. No abandon-rate cap is described.
- Changes recording behaviour by the other party's stateYes
Two-Party mode skips recording on outbound calls to area codes in the states on Kixie's two-party list.
CallHub
What it is
A calling and texting platform for advocacy groups, unions, nonprofits and political campaigns, with power, auto, predictive and preview dialers.
Who it fits
Organisations running volunteer or staff phone banks that need list filters and recording rules handled at campaign setup.
- Holds records without consent out of automated dialingYes
Skips cell phone numbers automatically when you have no opt-ins for them, using its own phone-type check.
- Offers an agent-initiated (manual or preview) dialing modeYes
Preview and power modes: the agent decides when each call is placed.
- Scrubs against the National DNC RegistryCheck with the vendor
You can upload a registry list to the DNC list yourself; a live registry feed is not described.
- Keeps an internal do-not-call list for outbound callsYes
A DNC list fed by agent dispositions and opt-outs. A number on it is not called or texted again through CallHub.
- Screens numbers against a known-litigator listYes
Contacts who are likely litigators can be filtered out of a campaign at setup.
- Checks numbers against the FCC Reassigned Numbers DatabaseCheck with the vendor
- Calling window by the recipient's time zoneYes
No calls to US numbers before 8 a.m. or after 9 p.m. by default. A separate setting applies your hours in each contact's own time zone.
- Caps the abandoned-call rate at 3% per campaignYes
Its compliance guide says you can set the drop rate to 3% and choose a recorded message for answered calls no agent picks up within two seconds.
- Changes recording behaviour by the other party's stateYes
Smart Call Recording sorts contacts into one-party and all-party states. For all-party states it records the agent side only, plays a disclaimer, lets agents record after verbal consent, or skips recording.
VICIdial
What it is
Open-source contact-centre software that runs on your own servers, with manual, ratio and adaptive dialing methods.
Who it fits
Operations with technical staff who want to configure the dialer at the database level, down to a system that cannot auto-dial at all.
- Holds records without consent out of automated dialingCheck with the vendor
No per-record consent flag is described. Its TCPA document instead covers cell-phone scrubbing through DNC.com and a separate system with auto-dialing switched off.
- Offers an agent-initiated (manual or preview) dialing modeYes
A Disable Auto Dial setting leaves only the manual dial methods. A Human Call Indicator screen also makes a person confirm each call before the system places it.
- Scrubs against the National DNC RegistryYes
Batch filtering of loaded lists against federal and state DNC lists through your DNC.com account. It does not look numbers up as they are dialed.
- Keeps an internal do-not-call list for outbound callsYes
A system-wide internal DNC list plus campaign-specific DNC lists.
- Screens numbers against a known-litigator listYes
Litigator scrub through the same DNC.com account.
- Checks numbers against the FCC Reassigned Numbers DatabaseCheck with the vendor
- Calling window by the recipient's time zoneYes
A local call time system, with a time zone looked up for each lead at import. Prefix-level time zone data is sold separately by the VICIdial Group.
- Caps the abandoned-call rate at 3% per campaignCheck with the vendor
The changelog lists drop-call and safe-harbor message options, and the HCI screen shows each campaign's drop rate for the day. A cap setting is not in the public docs we read.
- Changes recording behaviour by the other party's stateCheck with the vendor
NiCE CXone
What it is
An enterprise contact-centre suite whose Personal Connection dialer runs progressive, predictive and agentless campaigns from calling lists.
Who it fits
Contact centres that dial lists where some records have consent for automated calls and some do not.
- Holds records without consent out of automated dialingYes
Records marked compliance required, in the list upload or by the CRM, are delivered only in the modes you allow for them, such as click-to-call or manual dial.
- Offers an agent-initiated (manual or preview) dialing modeYes
Click-to-Call, Manual Dial with Keypad and dialing outside the network. NiCE says not to use Progressive - No Preview for compliance dialing.
- Scrubs against the National DNC RegistryYes
National and state lists are too large to upload. Scrub before upload, or at dial time through a third-party service such as Gryphon, which has a built-in Studio action.
- Keeps an internal do-not-call list for outbound callsYes
DNC groups set which skills add numbers to a list and which are scrubbed against it before every call.
- Screens numbers against a known-litigator listCheck with the vendor
- Checks numbers against the FCC Reassigned Numbers DatabaseCheck with the vendor
- Calling window by the recipient's time zoneYes
Allowed dialing hours per time zone, set for the business unit or the skill and adjustable for a record or number.
- Caps the abandoned-call rate at 3% per campaignYes
An abandon-rate threshold, 3.0% by default, with pacing that throttles as the rate approaches it.
- Changes recording behaviour by the other party's stateCheck with the vendor
CallTools
What it is
A cloud call-centre dialer with predictive, power, preview, progressive and parallel modes, a CRM, SMS and email.
Who it fits
Small and mid-size outbound teams that want calling windows, state holidays and registry scrubs set per campaign.
- Holds records without consent out of automated dialingCheck with the vendor
CallTools says how leads were gathered and what they agreed to is the customer's job; the platform runs hours, scrubs, recording and logs.
- Offers an agent-initiated (manual or preview) dialing modeYes
A preview dialer in which a person starts each call and stays on the line.
- Scrubs against the National DNC RegistryYes
Integrates with the National Do Not Call Registry and scrubs the major state lists.
- Keeps an internal do-not-call list for outbound callsYes
A contact-preference list that removes numbers from active dial lists as soon as they are added.
- Screens numbers against a known-litigator listCheck with the vendor
- Checks numbers against the FCC Reassigned Numbers DatabaseCheck with the vendor
- Calling window by the recipient's time zoneYes
Calling windows by the contact's local time, set per state and per campaign, plus a state holiday calendar.
- Caps the abandoned-call rate at 3% per campaignCheck with the vendor
- Changes recording behaviour by the other party's stateCheck with the vendor
Recording runs per campaign; no state-by-state setting is described.
How we read the claims
Questions buyers ask
Is there such a thing as a TCPA-compliant auto dialer?
Not as a product property. The TCPA judges each call: who was called, what consent you held, what time it was where they were, and whether a recording played. A dialer can enforce the settings you give it, but it cannot obtain consent, buy your registry access or decide which state's law applies. A violation of the robocall rules costs $500 per call or text, up to three times that ($1,500) if the court finds the violation willful or knowing, whichever dialer placed it.
Does a dialer that calls my uploaded list count as an autodialer?
Usually not under federal law since Facebook v. Duguid, decided 2021-04-01, which requires the capacity to use a random or sequential number generator to store or produce the numbers. Two limits: the Court said its ruling does not affect the separate ban on artificial or prerecorded voice calls, and some states reach further. Florida's statute covers unsolicited sales calls that involve any automated system for selecting and dialing numbers, unless the person signed written consent.
Can we leave a voicemail drop without consent?
Not on a wireless number. In FCC 22-85 (adopted 2022-11-14) the FCC found that ringless voicemail to wireless phones is a call made with a prerecorded voice, so it needs consent, and a prerecorded sales message needs written consent (47 CFR § 64.1200(a)(2)). PhoneBurner's help centre tells users to leave a live voicemail when they have no permission for a recorded one.
Does an AI voice agent count as an artificial voice?
Yes. In a declaratory ruling adopted 2024-02-02 (FCC 24-17), the FCC confirmed that the TCPA's limits on artificial or prerecorded voices cover current AI technologies that generate human voices. An outbound AI agent placing sales calls therefore needs the same prior express written consent a recorded sales message does.
If the dialer scrubs against the Do Not Call Registry, do we still need our own registry access?
Under the FTC's Telemarketing Sales Rule, a seller may not call into an area code until it has paid the annual registry fee for that area code, directly or through another person, with narrow exceptions (16 CFR § 310.8). Ask your scrubbing provider whose access its scrub uses. The FCC's safe harbor also asks for written procedures, trained staff and an internal list, which no setting supplies.
What does the Reassigned Numbers Database protect us from?
A call to a number that changed hands after the person consented. The safe harbor needs three proofs: you obtained consent from the intended recipient, you checked the database before calling, and the database answered "no" when it was wrong. It covers only calls that need consent under 47 CFR § 64.1200(a)(1)–(3). None of the six dialers on this page documents a built-in query, so plan to subscribe to the FCC database yourself or through a compliance service.
What is a clicker or human-call-indicator mode?
A mode where a person confirms each call before the system dials it. VICIdial's Human Call Indicator screen logs each confirmation, and its Disable Auto Dial setting can leave a whole system unable to place a call without a person. NiCE CXone delivers records you flag as compliance required only by click-to-call or manual dial. Teams use these modes for wireless numbers that lack consent for automated calls.
Sources
- 47 CFR § 64.1200(a)(1)(iii), (a)(2)fetched 2026-10-22
- Fla. Stat. § 501.059(8)(a) (2026)fetched 2026-10-22
- 18 U.S.C. § 2511(2)(d)fetched 2026-10-22
- Facebook, Inc. v. Duguid, 592 U.S. ___ (2021), No. 19-511, slip opinionfetched 2026-10-22
- FCC 22-85, Declaratory Ruling and Order on ringless voicemail (2022)fetched 2026-10-22
- FCC 24-17, Declaratory Ruling on AI-generated voices (2024)fetched 2026-10-22
- 16 CFR § 310.8 (fee for access to the National Do Not Call Registry)fetched 2026-10-22
- 47 U.S.C. § 227(b)(3) (damages)fetched 2026-10-22
- Fla. Stat. § 501.616(6) (2026)fetched 2026-10-22
- FCC: Reassigned Numbers Databasefetched 2026-10-22
- Kixie: Two-Party Consent and TCPA Compliancefetched 2026-10-22
- PhoneBurner: Can I leave a live voicemail?fetched 2026-10-22
- PhoneBurner: How are time zone, local time and allowed dial times calculated?fetched 2026-10-22
- CallHub: Call and text contacts in their own timezonefetched 2026-10-22
- NiCE CXone: Set Up Agent Dialingfetched 2026-10-22
- VICIdial: Human Call Indicator (HCI) docfetched 2026-10-22
- PhoneBurner: How do I start a Dial Session? (Dialing FAQ)fetched 2026-10-22
- PhoneBurner: How do I scrub my data to the National Do Not Call List?fetched 2026-10-22
- PhoneBurner: How can I see if someone is on my DNC list or add entries?fetched 2026-10-22
- PhoneBurner: Compliance FAQsfetched 2026-10-22
- PhoneBurner: Why are there restrictions on dialing times?fetched 2026-10-22
- Kixie: How to Block a Numberfetched 2026-10-22
- Kixie: How to Set Up PowerListsfetched 2026-10-22
- CallHub: Best Practices to make calls through the Call Center and stay Compliantfetched 2026-10-22
- CallHub: Choose the right dialer for your Call Center campaignfetched 2026-10-22
- CallHub: DNC - Do not Contactfetched 2026-10-22
- CallHub: TCPA compliancefetched 2026-10-22
- CallHub: Set up Smart Call Recording in a Call Center campaignfetched 2026-10-22
- VICIdial: Cellphone filtering doc (USA TCPA)fetched 2026-10-22
- VICIdial: DNC.COM integrationfetched 2026-10-22
- VICIdial: README (feature changelog)fetched 2026-10-22
- NiCE CXone: Manage Dialing Compliancefetched 2026-10-22
- NiCE CXone: Do Not Call (DNC)fetched 2026-10-22
- NiCE CXone: Manage the Proactive Voice and SMS Curfewfetched 2026-10-22
- NiCE CXone: Abandon Rate Compliance Reportfetched 2026-10-22
- CallTools: Preview Dialerfetched 2026-10-22
- CallTools: Compliant Call Center Featuresfetched 2026-10-22