The TCPA (47 USC 227(b)(1)(A)) and the FCC’s implementing regulation (47 CFR 64.1200(a)(1)) both prohibit any calls made by an autodialler (or with a pre-recorded message) to a cellphone regardless of the content of the call or message–unless it is an emergency call or one made with the recipient’s express consent.  The FCC’s regulation imposes additional restrictions on telemarketing calls (47 CFR 64.1200(a)(2)).  Consent to telemarketing calls must be both express and in writing.  The district court erred in interpreting this additional stricter rule for telemarketing calls as exempting non-telemarketing calls from the statute’s and regulation’s general ban on auto-dialed calls to cellphones.