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Definition · Programs and measures

TCPA (Telephone Consumer Protection Act)

The Telephone Consumer Protection Act (TCPA) is the US federal law governing autodialed, prerecorded, and artificial-voice calls and texts. It sets consent rules, calling hours (8 a.m. to 9 p.m. local time), and opt-out obligations. Healthcare messages have specific exemptions with conditions. The FCC treats AI-generated voices as artificial voices, so the TCPA applies to AI calls.

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What the TCPA is

The TCPA is a federal statute enforced by the FCC and through private lawsuits. Violations carry $500 in statutory damages each, up to $1,500 if willful or knowing. In February 2024 the FCC ruled that AI-generated voices are artificial voices, so AI calls need the same prior express consent as prerecorded calls.

Healthcare has exemptions with conditions. Health care messages from HIPAA covered entities and business associates are exempt from the written-consent requirement, though prior express consent is still needed. Free-to-patient calls and texts to mobile numbers for things like appointment reminders, lab results, and refill notices are exempt if they stay short, are limited to one per day and three per week, carry no marketing or billing, and include an opt-out.

Opt-out rules are moving. Since April 2025, patients can revoke consent by any reasonable method and callers must honor it within ten business days. In January 2025 a federal appeals court vacated the FCC's one-to-one consent rule. On September 30, 2026 the FCC voted to rewrite the revocation rules again, effective 30 days after Federal Register publication. Rivvi honors opt-out on every outreach path.

Questions

TCPA, answered

Does the TCPA apply to appointment reminders?
Yes, but healthcare messages get specific treatment. Free-to-patient reminders to mobile numbers can be exempt from consent requirements if they meet the FCC's conditions: short, limited to one per day and three per week, no marketing or billing content, and an immediate opt-out. Messages that mix in promotion lose that treatment.
Does the TCPA apply to AI voice calls?
Yes. In its February 2024 declaratory ruling (FCC 24-17), the FCC held that AI-generated voices are artificial voices under the TCPA. AI calls therefore need the same consent as prerecorded calls, and the healthcare exemptions apply only when their conditions are met.
What does honoring opt-out mean now?
Patients can revoke consent by any reasonable method, including replies like STOP, QUIT, CANCEL, or UNSUBSCRIBE, and the caller must honor it within ten business days. One confirmation text is allowed. The FCC's September 30, 2026 vote changes how far a revocation reaches once it is published and takes effect.
Do state laws add rules beyond the TCPA?
Yes. Florida and Oklahoma limit solicitation calls to 8 a.m. to 8 p.m. and three calls per 24 hours on the same subject, with their own statutory damages. Several states also require disclosing AI use to patients in some settings. Outreach programs should apply the strictest rule that covers each patient.

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