Can telemarketers call before 8 a.m. or after 9 p.m.? TCPA calling hours and consent explained

No. Telemarketers may not call your home before 8 a.m. or after 9 p.m., measured by the local time where you are. That's the rule in the FCC's Telephone Consumer Protection Act (TCPA) regulations at 47 CFR 64.1200(c)(1), and the FCC repeats it in its consumer guide: "Telemarketing calls to your home are prohibited before 8 a.m. and after 9 p.m." (FCC).

The hours rule is only one part of the TCPA. Whether a sales call or text is legal at all also depends on your consent and on the Do Not Call Registry.

What exactly does the 8 a.m. to 9 p.m. rule say?

Section 64.1200(c) says no person or entity shall initiate any telephone solicitation to "any residential telephone subscriber before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)."

Three details matter:

• It's your time zone, not the caller's. A call center in another state can't use its own clock.
• It applies to telephone solicitations. The regulation defines that as a call or message encouraging you to buy, rent or invest in goods or services. It excludes calls made with your prior express invitation or permission, calls from a company you have an established business relationship with, and calls by or on behalf of a tax-exempt nonprofit.
• It reaches cell phones too. Section 64.1200(e) applies the rules in paragraphs (c) and (d) to telephone solicitations and telemarketing calls or texts to wireless numbers, to the extent described in the FCC's 2003 TCPA order.

The rule doesn't cover non-sales calls such as political calls, surveys or debt collection. Those can be governed by other rules.

When do robocalls and texts need my consent?

The FCC's consent rules depend on the technology used and the type of call:

1. Prerecorded telemarketing calls to your home line require your prior written consent. That can be on paper or electronic, such as a website form or a keypress (FCC).
2. Autodialed or prerecorded telemarketing calls or texts to your cell phone also require prior express written consent. The regulation defines that as a signed agreement (electronic signatures count) that clearly authorizes the seller to send such calls to a specific number. It must also tell you that signing isn't a condition of buying anything (47 CFR 64.1200(f)(9)).
3. Autodialed or prerecorded non-marketing calls or texts to your cell phone need your oral or written consent.
4. Emergency calls about danger to life, safety or property are exempt.

The FCC also says AI-generated voice calls are illegal unless you've agreed to receive them or the caller is exempt. Prerecorded calls must identify the caller, the caller's number and the business name at the start of the message.

What does a telemarketer have to tell me?

Under 64.1200(d)(4) and the FCC's guide, a telemarketer calling your home must give:

• the name of the person calling,
• the name of the company the call is made for, and
• a phone number or address where that company can be reached.

Prerecorded telemarketing calls must offer an automated opt-out at the start of the message.

How do I revoke consent or stop a company from calling?

You can revoke consent "by using any reasonable method" (47 CFR 64.1200(a)(10)). The rule treats these as valid per se:

1. Using the automated opt-out on the call (voice or keypress).
2. Replying to a text with "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe." Other wording also counts if a reasonable person would understand it as a request to stop.
3. Using a website or phone number the caller designated for opt-outs.

Once you revoke, the sender may send one confirmation text, with no marketing in it.

For live telemarketing calls, ask to be put on the company's internal do-not-call list. Under 64.1200(d)(3), the company must record your request and honor it within a reasonable time, no more than 10 business days. Under 64.1200(d)(6), it must honor the request for 5 years.

What can I do if a telemarketer breaks these rules?

1. Write it down: the date and time (your local time), the number shown, the company name and what was said.
2. Report it to the FCC through its Consumer Complaint Center ("unwanted calls" category). The FCC doesn't resolve individual complaints but uses them to guide policy and enforcement.
3. Report Do Not Call violations or scams to the FTC at donotcall.gov or ReportFraud.ftc.gov (FTC).
4. Know you may have a private right of action. Under 47 U.S.C. 227(c)(5), if you got more than one call within 12 months from or for the same company in violation of the do-not-call rules, you may be able to sue in state court for actual losses or up to $500 per violation. A court can increase that up to three times if the violation was willful or knowing (47 U.S.C. 227). The statute allows the company to defend itself by showing it had reasonable compliance procedures.

Do these rules stop scam calls?

Not by themselves. Scammers ignore the law, spoof caller ID and call at any hour. The FCC's advice is to hang up on anyone who asks for money or personal information and call back on an official number. You can also look up the number that called you on NoCall.

This article is informational, not legal advice.