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 PUBLIC NOTICE
Federal Communications Commission
445 12
th
St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
DA 16-264
March 14, 2016
Enforcement Advisory No. 2016-03
TELEPHONE CONSUMER PROTECTION ACT ROBOCALL AND TEXT RULES
BIENNIAL REMINDER FOR POLITICAL CAMPAIGNS ABOUT ROBOCALL AND TEXT ABUSE
With the 2016 campaign season underway, the FCC’s Enforcement Bureau reminds political campaigns and 
calling services that there are clear limits on the use of autodialed calls or texts (known as “robocalls”) and
prerecorded voice calls.  The FCC is committed to protecting consumers from harassing, intrusive, and unwanted 
robocalls and texts, including to cell phones and other mobile devices.  
Since its adoption in 1991, the Telephone Consumer Protection Act (“TCPA”) has placed limits on unsolicited 
prerecorded telemarketing calls to landline home telephones, and all autodialed calls or prerecorded voice calls 
to wireless numbers, emergency numbers, and patient rooms at health care facilities. The FCC’s corresponding 
rules
1
governing automated telephone calls set forth restrictions that govern the use of prerecorded voice 
messages and automatic telephone dialing systems including those that deliver text messages.  These provisions
apply to all such prerecorded voice calls and autodialed calls or texts, including those made by political 
campaigns or other organizations involved in the 2016 election.  The restrictions vary according to whether a call 
is delivered to a business or residential landline telephone, a cell phone, or some other category of protected 
telephone lines such as toll-free lines, emergency lines, or those lines servicing hospitals, nursing homes, or 
paging systems.
2
We expect this Advisory will facilitate compliance with the law and rules by senders of campaign related voice 
messages and autodialed calls and texts and again remind all those using these tool to carefully observe the legal 
limits. The FCC’s Enforcement Bureau will rigorously enforce the important consumer protections in the TCPA 
and our corresponding rules.  
                    
1
See 47 CFR § 64.1200.
2
By this Enforcement Advisory, the FCC’s Enforcement Bureau highlights certain obligations under the TCPA and 
corresponding Commission rules.  Failure to receive this notice does not absolve an entity of the obligation to meet the 
requirements of the Communications Act of 1934, as amended, or the Commission’s rules and orders.  Companies, 
individuals, and other entities should read the full text of the relevant portions of the TCPA and corresponding 
Commission rules, respectively, at 47 U.S.C. § 227 and 47 CFR § 64.1200.  
FCC ENFORCEMENT ADVISORY
Prohibition Against Prerecorded Voice Messages and Autodialed Calls to Cell Phones and Other Mobile 
Services.  Prerecorded voice messages and autodialed calls (including autodialed live calls, prerecorded or 
artificial voice messages, and text messages) to cell phones and other mobile services such as paging systems are 
prohibited, subject to only three exceptions: (1) calls made for emergency purposes, (2) calls made with the prior 
express consent of the called party, (3) and calls made to collect debts “owed to or guaranteed by the United 
States.”
3
  This broad prohibition covers prerecorded voice and autodialed calls, including those sent by nonprofit
or political campaign-related organizations.  Callers contending that they have the prior express consent to make 
prerecorded voice or autodialed calls to cell phones or other mobile service numbers have the burden of proof to 
show that they obtained such consent.
4
  Further, call recipients may revoke their consent to be called using any 
reasonable method including verbally or in writing.
5
Prerecorded Voice Messages and Autodialed Calls to Landline Telephones.  Political campaign-related 
prerecorded voice messages or autodialed calls—whether live or prerecorded—to most landline telephones are 
not prohibited, so long as they adhere to the identification requirements set forth immediately below.  However, 
prerecorded campaign-related voice messages or autodialed calls to emergency telephone lines; lines in guest or 
patient rooms at a hospital, nursing home, or similar establishment; or toll-free lines are prohibited unless the 
called party has agreed to receive such calls.
6
Identification Requirements for Prerecorded Voice Messages.  All prerecorded voice messages, campaign-
related and otherwise, that are permissible under Section 227 of the Communications Act of 1934, as amended,
and the Commission’s rules must include certain information to identify the party responsible for the message.  In 
particular: 
? All artificial and prerecorded voice messages must state clearly, at the beginning of the message, the 
identity of the business, individual, or other entity that is responsible for initiating the call.
7
  
? If a business or other corporate entity is responsible for the call, the prerecorded voice message must 
contain that entity’s official business name (the name registered with a state corporation commission or 
other regulatory authority).
8
  
? In addition, the telephone number of such business, individual, or other entity must be provided either 
during or after the prerecorded voice message.
9
                    
3
See 47 U.S.C. § 227(b)(1)(A)(iii); see also 47 CFR § 64.1200(a)(1)(iii) (prohibiting such calls to “any telephone number 
assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier 
service, or any service which the called party is charged for the call”).  Congress has amended the TCPA to exempt 
federal debt collection calls and the Commission is in the process of implementing rules related to that exemption.
4
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling and Order, 30 
FCC Rcd 7961, 7990, para. 47 (2015) (TCPA Omnibus Declaratory Ruling and Order); see also Rules and Regulations 
Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling, 23 FCC Rcd 559, 565, para. 10 (2008) 
(concluding that creditors and debt collectors claiming prior express consent to deliver prerecorded voice or 
autodialed calls to cell phones are responsible for demonstrating such consent was granted).
5
TCPA Omnibus Declaratory Ruling and Order, 30 FCC Rcd at 7996, para. 64.
6
Non-emergency prerecorded voice or autodialed calls to such destinations are permissible only with the prior express 
consent of the called party.  47 U.S.C. § 227(b)(1)(A); 47 CFR § 64.1200(a)(1).    
7
47 U.S.C. § 227(d)(3)(A)(i); 47 CFR § 64.1200(b)(1).
8
47 CFR § 64.1200(b)(1).
9
47 U.S.C. § 227(d)(3)(A)(ii); 47 CFR § 64.1200(b)(2).  Any telephone number so provided may not be for (1) the 
Line Seizure by Prerecorded Voice Messages and Autodialed Calls.  Automatic telephone dialing systems that 
deliver prerecorded voice messages must release the called party’s telephone line within five seconds of the time 
that notification is transmitted to the system that the called party has hung up.
10
  In addition, an automatic 
telephone dialing system may not be used in a way that simultaneously engages two or more telephone lines of 
a multi-line business.
11
As we have done in previous election cycles, we remind senders of campaign-related prerecorded voice 
messages and autodialed calls or texts that failure to comply with the relevant sections of the TCPA and 
corresponding rules may subject them to enforcement action, including monetary forfeitures as high as $16,000 
per violation for any person who does not hold a license or other authorization issued by the Commission.
12
                                                                         
autodialer or prerecorded message player that placed the call, (2) a 900 number, or (3) any other number for which 
charges exceed local or long distance transmission charges. 47 CFR § 64.1200(b)(2).
10
47 U.S.C. § 227(d)(3)(B); 47 CFR § 68.318(c).
11
47 U.S.C. § 227(b)(1)(D); 47 CFR § 64.1200(a)(5).
12
This amount reflects inflation adjustments to the forfeitures specified in Section 503(b)(2)(D) of the Communications 
Act. Section 503(b)(2)(D) provides for forfeitures of up to $10,000 for each violation by a person who is not a broadcast 
station licensee, cable operator, common carrier, or applicant for any broadcast station, cable operator, or common 
carrier license issued by the Commission.  See 47 U.S.C. § 503(b)(2)(D).  The Federal Civil Penalties Inflation Adjustment 
Act of 1990, Pub. L. No. 101-410, 104 Stat. 890, as amended by the Debt Collection Improvement Act of 1996, Pub. L. 
No. 104-134, Sec. 31001, 110 Stat. 1321 (DCIA), requires the Commission to adjust its forfeiture penalties periodically 
for inflation.  See 28 U.S.C. § 2461 note (4).  The Commission most recently adjusted its penalties to account for 
inflation in 2013.  See Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to 
Reflect Inflation, 28 FCC Rcd 10785, 10786-790, paras. 3-5 (EB 2013); see also Inflation Adjustment of Maximum 
Forfeiture Penalties, 78 Fed. Reg. 49370–01, 49370 (2013) (setting September 13, 2013, as the effective date for the 
increases).  The Commission has made such inflation adjustments and the current maximum forfeiture is $16,000 for 
each violation under Section 503(b)(2)(D).  See Inflation Adjustment of Maximum Forfeiture Penalties, 78 Fed. Reg. at 
49371.  The penalties for broadcast station licensees, cable operators, common carriers, and applicants for broadcast 
station, cable operator, and common carrier licenses are higher.  
Need more information? For further information regarding requirements for prerecorded voice and autodialed 
calls, contact: Kristi Thompson at (202) 418-1318 or kristi.thompson@fcc.gov or Mary Romano at (202) 418-0975
or mary.romano@fcc.gov in the Telecommunications Consumers Division, Enforcement Bureau. More 
information can also be found at www.fcc.gov/guides/robocalls. To file a complaint, visit
www.consumercomplaints.fcc.gov or call 1-888-CALL-FCC.
Media inquiries should be directed to Will Wiquist at (202) 418-0509 or will.wiquist@fcc.gov.
To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio 
format),
send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY). You may also contact the Enforcement Bureau on its TTY line at (202) 418-1148 for further 
information about this Enforcement Advisory, or the FCC on its TTY line at 1-888-TELL-FCC (1-888-835-5322) for 
further information about the Telephone Consumer Protection Act.
Attachments:  (1) “At a Glance,” Political Calls; (2) Frequently Asked Questions.
Issued by: Chief, Enforcement Bureau
ATTACHMENT 1
“AT A GLANCE”
POLITICAL CALLS
? Political campaign-related calls are subject to restrictions governing prerecorded voice and autodialed 
calls.
? There are no restrictions on live manually-dialed political calls, which may be delivered to any landline 
telephone or cell phone.
? Prerecorded voice and autodialed calls may NOT be delivered to the following types of landline phones 
without the prior express consent of the called party:
? any emergency line (including any 911 line and any emergency line of a hospital, medical 
physician or service office, health care facility, poison control center, or fire protection or law 
enforcement agency);
? the telephone line of any guest room or patient room of a hospital, health care facility, elderly 
home, or similar establishment; or
? any service for which the called party is charged for the call such as toll-free lines.
? Prerecorded voice and autodialed calls (including live calls, prerecorded voice messages, and text 
messages) may NOT be delivered to cell phones, pagers, or other mobile devices without the prior 
express consent of the called party.  This restriction governs all prerecorded voice and autodialed calls.
? All prerecorded voice messages must contain the following information:
? the name of the person or entity responsible for the call, which must be provided at the 
beginning of the message;
? the telephone number of the person or entity responsible for the call, which must be provided 
during or after the message.
? The National Do-Not-Call Registry and company-specific do-not-call lists do not apply to political calls.
? Individuals or entities who do not hold (and are not required to hold) FCC licenses responsible for 
unlawful political prerecorded voice messages or autodialed calls may face forfeiture penalties of up to 
$16,000 per violation.  The penalties are higher for FCC licensees, such as broadcasters, cable operators, 
and common carriers.
ATTACHMENT 2
FREQUENTLY ASKED QUESTIONS
The following Frequently Asked Questions are addressed in this Advisory: 
? What are the rules covering prerecorded voice messages and autodialed calls, and where can I find them?
? What is an autodialed call?
? Are nonprofit organizations exempt from the prohibition against making prerecorded voice calls or 
autodialed calls or texts to cell phones and other mobile service numbers?
? What does it mean to make a prerecorded voice or autodialed call for “emergency purposes”?
? Does the same prohibition against making autodialed calls to cell phones apply to sending autodialed 
text messages to cell phones?
? Do the rules allow me to send campaign-related prerecorded voice messages to a landline telephone 
number that is registered on the National Do Not Call Registry?
? Before making a prerecorded voice or autodialed call, how can I determine whether the target telephone 
number is associated with a landline phone or a wireless phone? 
? What if I have questions?
What are the rules covering prerecorded voice messages and autodialed calls, and where can I find them?
These calls are subject to the general restrictions on prerecorded voice messages and autodialed calls, found at 
47 U.S.C. § 227 and 47 CFR § 64.1200.  
What is an autodialed call?
An autodialed call is any type of call or message, including a text message, that is made by an “autodialer” or 
“automatic telephone dialing system,” which is “equipment which has the capacity to store or produce telephone 
numbers to be called using a random or sequential number generator and to dial such numbers.”
1
  The 
Commission has emphasized that this definition covers any equipment—including predictive dialers—that has 
the specified capacity to dial numbers without human intervention whether or not the numbers called actually are 
randomly or sequentially generated or come from calling lists.
2
  The Commission has further emphasized that the 
capacity of a dialing system is not limited to any current configuration or present ability but also includes 
                    
1
47 CFR § 64.1200(f)(2).
2
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Report and Order, 18 FCC Rcd 
14014, 14092-93, para. 133 (2003) (2003 TCPA Order).  Predictive dialers use automated equipment to dial numbers 
(either from lists or randomly or sequentially) and then connect the called party to a live person.  The distinctive
element of a predictive dialer is software that predicts calling patterns to minimize the time live agents spend between 
calls while also minimizing the incidence of individuals answering a call when no agent is available.
potential functionalities that are more than mere theoretical possibilities.
3
  Finally, the Commission has made 
clear that Internet-to-phone text messaging technology and text messaging apps that send to all or virtually all 
text-capable U.S. phone numbers constitute autodialers.
4
Are nonprofit organizations exempt from the prohibition against making prerecorded voice calls or 
autodialed calls or texts to cell phones and other mobile service numbers?
No.  Although nonprofit organizations enjoy certain exemptions under the TCPA, there is NO blanket exemption 
that allows nonprofit organizations to make either prerecorded voice calls or autodialed calls or texts to cell 
phones or other mobile service numbers without prior express consent. 
What does it mean to make a prerecorded voice or autodialed call for “emergency purposes”?  
Under Commission rules, “emergency purposes means calls made necessary in any situation affecting the health 
and safety of consumers.” 47 CFR § 64.1200(f)(4).  Political campaign-related prerecorded voice messages and 
autodialed calls are NOT included in this definition.
Does the same prohibition against making autodialed calls to cell phones apply to sending autodialed text 
messages to cell phones?  
Yes.  The Commission has determined that the prohibition against placing autodialed calls to cell phones without 
prior express consent “encompasses both voice calls and text calls to wireless numbers including, for example, 
short message service (SMS) calls, provided the call is made to a telephone number assigned to [a wireless] 
service.”
5
  Accordingly, only manually placed text messages are permissible without prior express consent.  
Do the rules allow me to send political campaign-related prerecorded voice messages to a landline 
telephone number that is registered on the National Do-Not-Call Registry?
Yes.  Political campaign-related prerecorded voice messages (as well as live political calls) are not subject to the 
National Do-Not-Call Registry because such messages (or live calls) do not include telephone solicitations.
6
Before making a prerecorded voice or autodialed call, how can I determine whether the target telephone 
number is associated with a landline phone or a wireless phone?
There are a variety of commercial services that callers may use to identify wireless telephone numbers.  
What if I have questions?
For further information regarding requirements for prerecorded voice and autodialed calls, contact one of the 
following individuals in the Telecommunications Consumers Division, Enforcement Bureau:  Kristi Thompson at 
(202) 418-1318 or kristi.thompson@fcc.gov or Mary Romano at (202) 418-0975 or mary.romano@fcc.gov.  To file 
a complaint, visit www.consumercompliants.fcc.gov or call 1-888-CALLFCC.
Media inquiries should be directed to Will Wiquist at (202) 418-0509 or will.wiquist@fcc.gov.
                    
3
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling and Order, 30 
FCC Rcd 7961, 7974-77, paras. 15-21 (2015).
4
Id. at 8017-22, paras. 108-22.
5
2003 TCPA Order, 18 FCC Rcd at 14115, para. 165.
6
In order to constitute a “telephone solicitation,” a call or message must be “for the purpose of encouraging the 
purchase or rental of, or investment in, property, goods, or services.”  47 CFR § 64.1200(f)(14); see also 47 U.S.C. § 
227(a)(4).