The Telephone Consumer Protection Act (TCPA)
The primary federal law governing automated calls and telemarketing in the U.S. is the Telephone Consumer Protection Act (TCPA) of 1991, enforced by the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC).
Key Provisions of the TCPA Relevant to Your App:
Automated Telephone Dialing Systems (ATDS) and Prerecorded Messages:
The TCPA significantly restricts the use of ATDS (autodialers) and artificial or prerecorded voice messages.
To cell phones: Generally, it is prohibited to make calls to cell phones using an ATDS or a prerecorded/artificial voice without the prior express written consent of the called party.
To residential landlines: It is generally prohibited to make calls to residential landlines using an artificial or prerecorded voice without prior express consent, unless an emergency or an exemption applies.
Definition of ATDS: The definition of an ATDS has been a subject of legal debate. The Supreme Court in Facebook, Inc. v. Duguid (2021) narrowed the definition to systems that use a random or sequential number generator to store or produce numbers to be called and then dial them. This means simply dialing from a stored list might not be considered an ATDS, but if your system generates or "predicts" numbers, it likely would be. However, even if your system isn't strictly an ATDS, the "prerecorded voice" or "artificial voice" prohibitions still apply.
"Telemarketing" vs. "Informational" Calls:
The TCPA distinguishes between telemarketing/advertising calls and purely informational calls.
Telemarketing/Advertising Calls: These have the strictest consent requirements (prior express written consent). If your app promotes or advertises anything, even indirectly (e.g., promoting your app's service itself), it could be deemed telemarketing.
Informational Calls: These generally have a lower consent bar (prior express consent, which can be verbal or implied through an established business relationship), but still carry restrictions, especially for robocalls to cell phones.
Crucially, calling the IRS or DMV is generally considered an "informational" or "transactional" purpose from your side, not a telemarketing call to you. However, your app initiating the call using an automated system creates the legal exposure.
Do Not Call (DNC) Registry: While primarily for telemarketing, if your app's purpose somehow touches on soliciting, you'd need to check against the National Do Not Call Registry. However, calls to government entities (like IRS/DMV) are not typically subject to DNC rules in the same way consumer phone numbers are.
Newer FCC Rules on AI and Robocalls: The FCC is actively addressing the use of Artificial Intelligence (AI) in robocalls. As of late 2024 and early 2025, the FCC has affirmed that AI-generated voices are considered "artificial or prerecorded voices" under the TCPA, meaning they are subject to the same consent requirements. There are also proposals for clearer disclosure requirements for AI-generated calls.