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If your company calls or texts homeowners — or pays someone to do it for you — telemarketing law applies to you. The Telephone Consumer Protection Act (TCPA) and related rules are among the most litigated consumer laws in the country, and home improvement is a frequent target. The good news: the core rules are understandable, and following them is mostly a matter of process.
This is general information, not legal advice. Rules change and vary by state; consult a lawyer who handles telemarketing law for your situation.
The main rules in one place
Two federal frameworks matter most:
- The TCPA (47 U.S.C. § 227) and the FCC's rules (47 CFR § 64.1200)
- The FTC's Telemarketing Sales Rule (16 CFR Part 310), which also governs the National Do Not Call Registry
Many states add their own telemarketing laws, some stricter than federal rules.
Consent: when you need it
- Autodialed or prerecorded/artificial-voice calls to cell phones generally require prior express consent — and for telemarketing, prior express written consent.
- Prerecorded telemarketing calls to residential lines generally require prior express written consent.
- AI-generated voices count as "artificial" voices. In 2024 the FCC confirmed that calls using AI-generated voices fall under these rules.
- Ringless voicemail drops are treated as calls.
- Texts are generally treated as calls under the TCPA.
Prior express written consent must be clear and conspicuous, agreed to by the consumer (electronic signatures can count), and identify who may contact them. Consent rules for lead forms have been in flux: an FCC "one-to-one" consent rule was vacated by a federal appeals court in early 2025, but best practice is still to make consent specific and clear.
What counts as an autodialer?
In 2021, the Supreme Court (Facebook v. Duguid) narrowed the federal definition of an automatic telephone dialing system to equipment that uses a random or sequential number generator. That reduced some federal autodialer risk — but several states define autodialers more broadly, and consent rules for prerecorded and artificial voices are unaffected. Know how any dialer you use actually works.
Do Not Call
Telemarketing calls to numbers on the National Do Not Call Registry are generally prohibited unless you have the person's permission or an established business relationship. Scrub lists against the registry using a version no more than 31 days old, maintain your own internal do-not-call list, and honor requests promptly. Details in our Do Not Call guide.
Calling hours
Federal rules limit telemarketing calls to 8 a.m.–9 p.m. in the called party's local time. Several states are stricter. See calling hours rules.
Identification and opt-outs
Callers must identify themselves and the business they represent, and provide a way to reach the business. Consumers can revoke consent through any reasonable means, and businesses must honor revocations and do-not-call requests promptly. FCC rules adopted in 2024 set a maximum of ten business days for honoring revocation requests; some related provisions have had their effective dates delayed, so check current status.
Texting
Business texting also requires carrier registration (A2P 10DLC) and clear opt-out handling. Marketing texts need appropriate consent. See A2P 10DLC for contractors.
State laws to watch
Several states have their own "mini-TCPA" laws — Florida, Oklahoma, and Maryland among them — with features like narrower calling hours, limits on the number of calls per day, and broader autodialer definitions. Some states also maintain their own Do Not Call lists or require telemarketer registration. If you call into multiple states, follow the strictest rules that apply.
Penalties
The TCPA allows consumers to sue for $500 per violation, up to $1,500 per violation if willful or knowing — and class actions multiply that across thousands of calls. Do Not Call violations also carry a private right of action when a consumer receives more than one call within 12 months. The FTC and state attorneys general can seek substantial civil penalties.
A practical compliance checklist
- Written telemarketing and do-not-call policies
- Staff training, documented
- Registry access and scrubbing at least every 31 days, plus state lists where applicable
- Internal do-not-call list, honored promptly and kept for at least five years
- Calling-hour controls by the homeowner's time zone and state
- Clear consent language on every web form, with records kept
- No prerecorded, AI-voice, or ringless voicemail campaigns without proper consent
- Registered texting with STOP handling
- Vendor oversight — calls made for you carry your name
- Call recording disclosures where required — see call recording consent by state
If you use a vendor
Calls made on your behalf can expose your business too. Ask any lead or appointment vendor how they handle consent, Do Not Call, calling hours, and dialing technology — see questions to ask an appointment setting company.
Keep going: the compliance library
Frequently asked questions
Does the TCPA apply to contractors?
Yes, if you or a vendor call or text consumers for marketing. Consent, Do Not Call, calling-hour, and identification rules apply depending on how and whom you contact.
Can contractors cold call homeowners legally?
Generally yes, with manual or compliant dialing, Do Not Call scrubbing, calling-hour limits, proper identification, and prompt handling of opt-outs. Automated and prerecorded calls require consent.
Do AI voice calls need consent?
Yes. The FCC has confirmed that AI-generated voices are "artificial" voices under the TCPA, so the consent rules for prerecorded calls apply.
What are the penalties for TCPA violations?
Consumers can recover $500 per violation, up to $1,500 if willful or knowing, and class actions can multiply that across many calls. Regulators can also seek civil penalties.
RunsForYou Team
Written by the team that runs outbound calling, homeowner qualification, and appointment booking for home service contractors at RunsForYou (Runs For You LLC).
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