Compliance guide · Not legal advice

Auto Dialer Laws: A Plain-English Guide

Are auto dialers legal? Yes, when you follow the rules. Here's what the TCPA, the Telemarketing Sales Rule, the Do Not Call Registry and state laws expect from businesses that use an auto dialer.

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This guide is general information, not legal advice. Talk to a qualified attorney about your specific calling program.

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Are auto dialers legal?

Yes. Auto dialers are legal in the United States. What the law regulates is who you call, when you call, and what you say, especially with prerecorded or artificial-voice messages. The main federal rules are the Telephone Consumer Protection Act (TCPA), enforced by the FCC, and the Telemarketing Sales Rule (TSR), enforced by the FTC. Many states add their own, stricter rules.

The rules every auto dialer user should know

Calling hours

Telemarketing calls to consumers are limited to 8 a.m. to 9 p.m. in the recipient's local time. Some states set tighter windows.

National Do Not Call Registry

Don't make telemarketing calls to numbers on the National DNC Registry unless an exemption applies, and keep your own internal do-not-call list.

Consent for prerecorded messages

Prerecorded or artificial-voice telemarketing messages, including AI voices, require the consumer's prior express written consent.

Accurate caller ID

Telemarketers must transmit caller ID and identify themselves and their business on the call.

State mini-TCPA laws

States such as Florida and Oklahoma have their own telemarketing laws with extra limits on calling frequency and hours.

Penalties

TCPA violations can carry statutory damages of $500 per call, up to $1,500 per call if willful, which is why class actions are common.

What counts as an "autodialer" under the TCPA?

The TCPA restricts calls made with an "automatic telephone dialing system" (ATDS). In Facebook v. Duguid (2021), the U.S. Supreme Court held that a device is an ATDS only if it can store or produce numbers using a random or sequential number generator. Dialers that call from a list you upload generally fall outside that definition, but the rules on prerecorded voice, calling hours, DNC and state law still apply.

A simple compliance checklist

Get consent
Collect and store prior express written consent where required, especially for prerecorded or AI voice messages.
Scrub your lists
Check numbers against the National DNC Registry, your internal DNC list and a litigator list before you dial.
Respect calling hours
Call only within permitted local hours and follow any state limits on frequency.
Keep records
Save consent records, opt-outs and call logs so you can show what you did.

How AutoDialer.net helps

Compliance tools built into the dialer

Power and predictive dialing wait for each contact's local calling hours
Numbers on your do-not-contact list are skipped automatically
You set how many times one person can be called
Optional litigator scrubbing at $0.001 per number
Choose whether manual calls outside calling hours get a warning or are blocked

These tools help, but compliance with the TCPA, TSR, CTIA guidelines, state laws and DNC requirements is your responsibility as the caller.

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Auto dialer laws FAQ

Is it illegal to use an auto dialer?

No. Using an auto dialer is legal. You must follow the TCPA, the TSR, DNC rules and state laws on consent, calling hours and caller ID.

Do I need consent to use an auto dialer?

It depends on the call. Prerecorded or artificial-voice telemarketing messages require prior express written consent. Live calls from a list have fewer consent requirements but must still respect DNC rules and calling hours.

What hours can an auto dialer call?

Federal rules allow telemarketing calls between 8 a.m. and 9 p.m. in the recipient's local time. Some states are stricter.

Can I auto dial cell phones?

Calls to cell phones carry extra TCPA risk, especially with prerecorded messages. Get consent and talk to counsel about your use case.

Does AutoDialer.net make me compliant?

No tool can guarantee compliance. AutoDialer.net enforces local calling hours, DNC skipping and call limits, but you are responsible for complying with the law.