Auto dialers are legal, but the calls they make are regulated. In the United States the Telephone Consumer Protection Act (TCPA) and FCC rules set consent requirements, limit prerecorded and AI voices, cap abandoned calls at 3%, restrict calling hours and require do-not-call compliance. Other countries have their own rules, so legality always depends on where you call.
This guide summarizes US federal rules as of 2026 from the FCC rules in 47 CFR 64.1200. It is not legal advice. State laws add further limits, and rules change often.
Is an auto dialer illegal in the US?
No. Using a predictive, power or progressive dialer is not illegal in itself. In 2021 the US Supreme Court (Facebook v. Duguid) narrowed the TCPA definition of an "automatic telephone dialing system" to equipment that uses a random or sequential number generator, so many modern list-based dialers fall outside that definition. That did not make dialer calls unregulated: the rules on prerecorded and artificial voices, abandoned calls, calling hours and do-not-call lists still apply, and several states have their own laws with broader definitions. For how the dialer types differ, see predictive vs power vs progressive dialer.
What consent does the TCPA require?
| Call type | Consent needed (US federal) |
|---|---|
| Autodialed or prerecorded/artificial voice call to a wireless number, not telemarketing | Prior express consent |
| Same, but telemarketing or advertising | Prior express written consent |
| Prerecorded telemarketing call to a residential line | Prior express written consent |
| Live agent telemarketing call | No prior consent, but do-not-call, hours and identification rules apply |
Emergency calls and some limited non-marketing calls are exempt. Since February 2024 the FCC treats AI-generated voices as artificial voices, so AI voice agents need the same consent. The FCC's 2023 "one-to-one consent" rule, which would have limited each consent to a single seller, was vacated by a federal appeals court in January 2025 and never took effect.
What are the auto dialer laws on abandoned calls and hours?
- Abandoned calls: no more than 3% of telemarketing calls answered by a person, measured per campaign over 30 days. A call is abandoned if no agent is connected within 2 seconds of the greeting.
- Abandoned call message: when no agent is available, a recorded message must identify the seller and give a phone number, and telemarketing messages need an automated opt-out.
- Ring time: unanswered telemarketing calls must ring at least 15 seconds or four rings before the dialer hangs up.
- Calling hours: telephone solicitations only between 8 a.m. and 9 p.m. in the called person's local time.
- Caller ID: telemarketers must transmit a caller ID that can be called back, and spoofing to defraud is illegal. See CLI spoofing and robocall rules.
What is required for TCPA compliance with do-not-call lists?
Telemarketers must not call numbers on the National Do Not Call Registry without a valid exception, and must keep their own company do-not-call list. To rely on the safe harbor, a caller needs written procedures, trained staff and a registry download no more than 31 days old at the time of the call. Opt-outs, including revocation of consent by any reasonable means, must be honored within 10 business days.
A TCPA compliance checklist for dialer campaigns
- Record how and when each contact gave consent, and what kind.
- Scrub lists against the national registry, state lists and your internal list.
- Block calls outside 8 a.m. to 9 p.m. local time, using the number's time zone.
- Set the dialer's target abandon rate well under 3% and keep the reports.
- Use caller IDs you own, register them with call analytics firms, and send calls through providers that sign them with STIR/SHAKEN.
- Process opt-outs fast and across all your systems.
Good compliance also protects deliverability: numbers that generate complaints get labeled. See spam likely on business calls.
Are auto dialers legal in other countries?
Rules differ by country. The UK regulator Ofcom limits abandoned calls to 3% over 24 hours and requires an information message, and UK marketing calls also fall under data protection and electronic marketing law. Many countries run do-not-call or "do not disturb" registers, restrict recorded marketing calls or require consent under data protection law. Check each destination's regulator before you call, and tell your route supplier which countries and traffic types you send. See dialer traffic on VoIP routes and call center VoIP routes.
Compliant routes for dialer traffic
VoIPMatcher sources VoIP termination for declared dialer traffic from carriers that accept it, and we ask for your traffic type and caller IDs up front. Request a dialer route.
Frequently asked questions
Is an auto dialer illegal?
No. Auto dialers are legal software, used by call centers worldwide. What can be illegal is how they are used: calling without the consent the law requires, playing recorded or AI voices without consent, abandoning too many calls, calling numbers on do-not-call lists or outside allowed hours, or hiding the caller ID. The rules depend on the country called.
What are the penalties for TCPA violations?
The TCPA lets consumers sue for 500 dollars per violating call or text, and courts can triple that to 1,500 dollars when the violation is willful or knowing. Because each call counts, class actions can reach very large sums. The FCC and state attorneys general can also bring enforcement actions and fines.
Are AI voice calls covered by the TCPA?
Yes. In February 2024 the FCC ruled that AI-generated voices, including voice cloning, count as artificial voices under the TCPA. Calls that use them need the same prior express consent as prerecorded calls, and prior express written consent when they are telemarketing, unless an exemption applies.
Do auto dialer rules apply to B2B calls?
Partly. The US national do-not-call rules protect residential subscribers, so most business landlines are outside them, but the consent rules for autodialed and prerecorded calls to wireless numbers apply whether the person is a consumer or a business user. Many other countries make no B2B exception at all, so check before calling.
How fast must I honor an opt-out request?
Under FCC rules, consent can be revoked by any reasonable means, and requests must be honored within a reasonable time not exceeding 10 business days from receipt. The same 10 business day limit applies to company specific do-not-call requests. Many call centers process opt-outs the same day to be safe.
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