It is not clear whether or not a cell phone would be considered an Automatic Telephone Dialing System (ATDS). The Supreme Court's decision in Facebook v. Duguid mentions the possibility that the broad interpretation of the TCPA's ATDS definition could potentially render all smartphones as dialers, citing this possibility as part of its rationale for adopting the narrower ATDS definition.

Yes. Moreover, recent court decisions have generally held that consumers can revoke their consent by any reasonable means. The Telephone Consumer Protection Act (TCPA) does not offer explicit guidance on revocation of consent, but it is best practice to recognize and honor all consent revocation requests immediately.

There is no time limit or expiration date on consent. However, consent is tied to the called party, not the phone number. So if a number is reassigned to a new person, whatever consent you may have had for that number is no longer valid. Also, consumers can revoke their consent at any time and by any means.

Generally, the Telephone Consumer Protection Act (TCPA) prohibits calls to a wireless number using an Automatic Telephone Dialing System (ATDS) without prior express written consent. However, there is a limited safe harbor in cases where a landline number was recently ported to a wireless number without prior knowledge from the marketer.

The federal government’s National Do Not Call (DNC) Registry is managed by the Federal Trade Commission (FTC) under the auspices of the Telemarketing Sales Rule (TSR). Within that regulatory framework, there are best practices guidelines that, when paired with supporting documentation, allow for the possibility of claiming safe harbor.

The Federal Communications Commission’s (FCC) 2015 Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling and Order established a one-call safe harbor for reassigned phone numbers. This safe harbor applied to situations in which callers mistakenly called a phone number for which they had previously received consent but had since been reassigned to another person. Because consent is tied to the called party and not the phone number, the phone call in this situation would be considered a violation.

No. Most state telemarketing regulations are written to serve as additional regulations on top of the federal regulations. Some states with Do Not Call (DNC) provisions simply choose to adopt the federal DNC rules rather than create their own rules.

If you are calling consumers in the United States, you need to comply with the appropriate telemarketing regulations. Any region-specific aspects of these regulations apply to the location of the called party, not of the caller.