Before your AI voice agent makes a single outbound call in the United States, check the TCPA AI voice calls rules that apply to it. The Telephone Consumer Protection Act (TCPA) covers AI-generated voices, after a 2024 ruling by the Federal Communications Commission (FCC). Plan every outbound AI call under the same rules as other robocalls.
AI-generated voices count as artificial voices under the TCPA, so outbound calls that use them need the same consent as other robocalls. For telemarketing robocalls, the FCC says the TCPA requires prior express written consent. Check the National Do Not Call Registry, avoid calls before 8 a.m. or after 9 p.m., and honour every opt-out. Get legal advice before you launch.
What the FCC decided in 2024
On 8 February 2024 the FCC announced the unanimous adoption of a declaratory ruling. The ruling recognises that calls made with AI-generated voices are "artificial" under the TCPA. In plain terms, the FCC told everyone how the existing law applies: AI-generated voices in calls are held to the same standards as other voices.
The FCC's announcement also said state attorneys general would have new tools to act against these calls. That matters because a state can pursue a business even when the federal rules are the main concern. Treat the ruling as a settled starting point for planning, not as a one-off notice for scam callers.
Consent for telemarketing robocalls
The FCC's announcement describes the TCPA's requirement that telemarketers obtain prior express written consent from consumers before robocalling them. The word "written" sets a higher bar than a verbal yes on a call, and it is the standard to plan against for any AI campaign that sells something.
The FTC's consumer FAQ is blunt about the same point. A robocall that sells something is illegal unless the company has written permission, given directly by the person, to call them that way. That applies whether or not the number is on the Do Not Call Registry.
For each number you dial, keep a consent record. Note who gave consent, when, how it was given, the wording the person saw, and which number the consent covers. A record you cannot produce is as weak as no record at all.
A consent record is only useful if it matches the calls you actually make. If the wording a person agreed to is different from the purpose of the new campaign, the old record may not cover it. Check consent again whenever the purpose of a campaign changes, and do not reuse a list for a new kind of call without that check.
For example, a home-improvement firm uses AI calls to remind past customers about a warranty check. The reminder is a service message. If the agent then adds an offer for new work, the call has become telemarketing, and it needs the consent that covers telemarketing robocalls, placed within the permitted hours.
The National Do Not Call Registry
The FTC's consumer FAQ explains the registry in plain words. Registering is free, and the number should appear on the registry the next day. It can take up to 31 days for sales calls to stop. Registration never expires, unless the number is disconnected and reassigned, or the owner asks for it to be removed.
Companies can still call a registered number if they have recently done business with the person, or if the person has given them written permission to call. If a person asks a company to stop calling, the company must stop. For an AI campaign, that means the opt-out must work on the first call and must reach the list that the next campaign uses.
Calling hours
The FTC's guidance on the Telemarketing Sales Rule lists calling before 8 a.m. or after 9 p.m. among abusive practices. Set the dialler to the consumer's local time, not your own, and take advice on how the restriction applies to each campaign.
Calling hours are easy to get wrong when the team is in one time zone and the customers are in another. Build the window into the dialler, not into a memo, and test it with a list that includes numbers from several time zones before you run a live campaign.
A clear opening for an outbound AI call
A compliant opening is short and honest. The agent says who is calling, why, and that it is an AI assistant. It tells the person how to stop further calls, and it stops immediately if they ask. For example: the company name, the reason for the call, a plain statement that the caller is an AI assistant, and a sentence on how to opt out.
The opening should match the purpose you recorded when the consent was given. An agent that opens with one purpose and then sells something else will create a mismatch that is hard to defend later.
Inbound and outbound calls
The rules above focus on outbound calls, and they are where most of the risk sits. An AI agent that answers a customer's call is in a different position from one that dials a customer first. The same is true of a call back that the customer asked for.
Those are different questions, and the answers depend on how the call started and what it is for. Ask counsel how each type of call is treated before you launch, and keep the answers in the same file as your consent records.
State rules
Some states have their own telemarketing and robocall rules, and some of them can be stricter than the federal rules. Do not assume that the federal position is the whole picture. Before a campaign starts, name the states you call and ask counsel to review each of their rules.
A campaign that complies with federal rules can still break a state rule. A short review of the states on your list is cheaper than a complaint that takes months to resolve.
A checklist before any outbound AI campaign
- Written consent on file for every number you robocall for telemarketing.
- Consent records that show who, when, how, the wording shown and the number covered.
- Numbers checked against the National Do Not Call Registry before the list is used.
- Calls placed only within the hours your counsel confirms, in the consumer's local time.
- Opt-outs honoured as soon as they are made, including during a call.
- The agent says it is an AI assistant when asked, and never denies it.
- Counsel has reviewed the state rules for every state on the list.
- Recordings and transcripts kept under a written retention policy.
How VoiFlow handles this
VoiFlow's campaigns include calling windows, consent and do-not-call rules, and every call is recorded, transcribed and scored, which gives your team the records a review needs. Those are controls you set and check, and they support your compliance work. They do not replace advice on the TCPA.
Read the trust page for how VoiFlow handles data, and see the outbound calling use case and AI outbound calling campaigns for the wider approach. For the UK position on similar calls, see AI phone calls in the UK.
What to do next
Write down which of your calls are outbound, which numbers they reach, and where each consent record is kept. Take that list to counsel before you dial a single number. When you are ready to plan a campaign, contact us and we can walk through the set-up with you.
Frequently asked questions
Are AI voice calls covered by the TCPA?
Yes, according to the FCC. In February 2024 it ruled that calls made with AI-generated voices are artificial voice calls under the TCPA, so the same consent rules apply.
Do I need written consent for AI sales calls?
For telemarketing robocalls, the FCC says the TCPA requires prior express written consent before the call. The FTC says a robocall that sells something needs written permission from the person, whether or not their number is on the registry.
Does the Do Not Call Registry expire?
No. Registration does not expire, unless the number is disconnected and reassigned, or the owner asks for it to be removed. Calls can take up to 31 days to stop after registration, and a company you ask to stop calling must stop.
Does a service call become telemarketing if it mentions an offer?
It can. A call about an existing order or appointment is different from a call that sells something. If a service call adds a sales pitch, treat that call as telemarketing and check the consent for it. Ask counsel where your own line sits, and write the line down for your team.
Can an AI agent call in the evening?
The FTC lists calling before 8 a.m. or after 9 p.m. among abusive practices in its telemarketing guidance. Set calling times in the customer's local time, and take advice on the exact rules for your campaign.
This is general information, not legal advice.
