Disclaimer: This information is provided for reference only and does not constitute legal advice. Please consult your legal team to confirm how these rules apply to your outbound activity.
United States
What is TCPA?
The Telephone Consumer Protection Act (TCPA) is a U.S. law passed in 1991 that restricts telemarketing calls, text messages, and the use of autodialers or prerecorded messages without prior consent. It protects consumers by setting calling time limits, honoring the Do Not Call Registry, and allowing individuals to sue for violations.
What are Mini TCPA Laws?
Mini TCPA laws are established at the state level to impose and enforce requirements designed to safeguard residents and ensure the responsible and secure use of telecommunications.
Why States Have Mini TCPA Laws
1. Federal TCPA Narrowed by the Courts
The federal TCPA was designed to stop unwanted robocalls, telemarketing, and text messages. However, in 2021, the Supreme Court ruling in Facebook v. Duguid narrowed the definition of “autodialer,” leaving many modern dialing systems outside the scope of the law and weakening consumer protections.
2. States Stepping in to Fill the Gap
States responded by creating their own “mini TCPA” laws. These laws often:
- Broaden the definition of autodialers
- Require written consent
- Limit calling/texting times (often 8 a.m.–8 p.m.)
- Cap daily call/text volumes
- Allow individuals to sue violators directly
- New holiday calling restrictions
3. Consumer Protection & Political Pressure
Robocalls and spam texts remain top consumer complaints. Lawmakers, pressured to protect residents—especially seniors—passed stricter rules. Attorneys general and class action lawsuits also fueled stronger enforcement.
Summary
Mini TCPA laws were created to restore consumer protections after the federal law was narrowed. They reflect consumer demand and political pressure, but also create a fragmented and challenging compliance landscape for businesses.
Canada
What is the CRTC?
The CRTC is the Canadian Radio-television and Telecommunications Commission, a public authority that regulates and supervises broadcasting and telecommunications in Canada. It establishes rules to protect consumers, promote fair competition, and ensure reliable communication services nationwide.
There are two types of telemarketers: regular and exempt.
1. Regular telemarketers are businesses that call or fax people to sell products, promote services, or ask for donations. They may be exempt if they already have a business relationship with the person they’re contacting.
2. Exempt telemarketers include charities, newspapers, political parties, and groups doing surveys or market research.
| Regular Telemarketers | Exempt Telemarketers |
| Must register & subscribe to the National DNCL | Must register with the National DNCL |
| Cannot call/fax numbers on the National DNCL or their internal do not call list | Cannot call/fax numbers on their internal do not call list |
| Must keep an internal do not call list and honor requests within 14 days | Must keep an internal do not call list and honor requests within 14 days |
| Exempt from National DNCL rules only if they have an existing business relationship with the consumer | Examples: charities, newspapers, political parties, survey/research organizations |
| Must follow Unsolicited Telecommunications Rules for all calls/faxes | Must follow Unsolicited Telecommunications Rules (identify yourself, state purpose, respect calling hours) |
| Non-compliance may lead to financial penalties | Non-compliance may lead to financial penalties |
Calling Timeframes
Weekdays (Mon–Fri)
9:00 a.m. – 9:30 p.m. (local time)
Weekends (Sat–Sun
10:00 a.m. – 6:00 p.m. (local time)
Holidays
The CRTC does not set special holiday hours. Apply the same daily timeframes:
Click on any of the following to read up on their current laws:
North America:
Please see our articles that will assist you
The Telephone Consumer Protection Act
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