What is the Telephone Consumer Protection Act (TCPA)?
The Telephone Consumer Protection Act (TCPA) is the US federal law on automated calls, prerecorded or artificial voice calls and text messages. Recruiters generally need prior consent before sending automated texts or calls to candidates' mobile phones, and violations can carry statutory damages per message.
Law and compliancetopic
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In one line
The US law on automated calls and texts. Recruiters need prior consent before sending automated texts to candidates.
The FCC treats text messages as calls under the TCPA. Calls or texts to mobile numbers made with an autodialer or an artificial or prerecorded voice need the recipient's prior express consent, and marketing messages need prior express written consent. In 2024 the FCC also confirmed that AI generated voices count as artificial voices, so AI voice calls follow the same rules.
The TCPA lets individuals sue, with statutory damages set at $500 per violation and up to $1,500 if the violation is willful or knowing, which is why class actions over texts are common and why consent records matter so much. Several states have their own, sometimes stricter, telemarketing and texting laws. Rules vary and change, and this is not legal advice.
Why it matters to recruiters
Recruiters text candidates constantly because it gets fast replies. Bulk or automated texting platforms bring that activity under the TCPA. A missing consent record or ignored stop request can turn a few hundred texts into a costly claim. Knowing the basics lets recruiters choose compliant tools and set up consent at the point of application.
An example from a recruiting desk
On its application form, a healthcare staffing firm adds a checkbox: I agree to receive recruiting texts and calls, including automated messages, at the number provided. Reply STOP to opt out. The texting platform logs each consent with a time stamp, and STOP replies remove the number at once. Sourced candidates who never applied get a personal email first instead of a bulk text.
Tips that help
Collect clear consent for texts and automated calls when candidates apply.
Keep a time stamped record of every consent and opt out.
Honor STOP and similar replies immediately across all your tools.
Avoid bulk texting sourced numbers from data providers without consent.
Mistakes to avoid
Assuming recruiting texts are exempt because they are about jobs, not products.
Importing purchased mobile numbers into an automated texting campaign.
Frequently asked questions
Do recruiters need consent to text candidates?
For texts sent with automated or bulk texting tools, generally yes. The FCC treats texts as calls under the TCPA, so prior consent is needed. Manually typed one to one texts carry less risk but still deserve care. This is not legal advice.
Does the TCPA apply to AI voice calls?
Yes. In a 2024 ruling the FCC confirmed that calls using AI generated voices count as artificial or prerecorded voice calls under the TCPA, so they need the same prior consent as other robocalls.
What are TCPA penalties?
Individuals can sue for $500 per violation, and courts can raise that to up to $1,500 per violation if it was willful or knowing. Because each text can count separately, claims add up quickly, especially in class actions.
