Disclaimer: This is not legal advice, and these rules are subject to change. Always consult with legal counsel about TCPA compliance for your specific situation.
The regulatory landscape for AI voice calls is evolving fast. If you’re using AI-powered calling systems, understanding the current rules and proposed changes isn’t optional anymore. Here’s everything you need to know to stay compliant.
What the FCC is doing about AI-generated calls
Let’s cut through the regulatory complexity. Here’s where things stand right now:
February 2024: The FCC ruled that calls using AI-generated voices qualify as “artificial or prerecorded voice” calls under the Telephone Consumer Protection Act (TCPA). This wasn’t new law, just clarification that AI voices count the same as robocalls.
What this actually means: AI voice calls aren’t illegal. They’re legal with proper consent, just like traditional robocalls have always been. The misleading headlines said “AI calls are illegal,” but what the FCC actually said was “AI calls follow the same rules as other automated calls.”
August 2024: The FCC proposed stricter rules in a Notice of Proposed Rulemaking (Docket No. 23-362, FCC-24-84). Key proposals include:
- Defining “AI-generated call” to include any voice produced by computational technology (including large language models)
- Requiring clear upfront disclosure that AI technology is being used during the consent process
- Requiring updated consent language that specifically mentions AI-generated calls
Current status: These proposals are still open for public comment. They’re not enforceable yet, but the direction is clear.
The consent question everyone asks: Right now, if someone consented to receive “automated” or “robocalls” from you, that consent covers AI-generated calls. You don’t need to go back and get new “AI-specific” consent under current law. However, if the August 2024 proposals pass, you’ll need to explicitly mention AI in your consent language going forward (existing consents may be grandfathered, but the FCC is still seeking comment on this).
Bottom line: AI calls are legal with proper consent today. The proposed rules would add explicit AI disclosure requirements during the consent process. If you’re using AI calling tools like AgentVoice, consider updating your consent language now to include AI mentions proactively, even though it’s not technically required yet.
Common questions about AI voice compliance
Do these rules apply to all AI voice calls?
Yes. The rules apply to any call using AI-generated voices, whether it’s a generic AI voice (like AgentVoice uses), voice cloning/impersonation, interactive AI that responds to questions, or simple prerecorded AI messages. The February 2024 ruling covers all of them.
Are AI voice calls illegal?
No. AI voice calls are legal with proper consent. The FCC press release headline was misleading. What actually happened: the FCC clarified that AI calls must follow the same TCPA rules that traditional robocalls have always followed. With consent and proper compliance, you’re fine.
What counts as “proper consent”?
Right now: If someone consented to receive “automated calls,” “robocalls,” or “prerecorded messages” from you, that covers AI calls. Giving you their phone number during signup also generally implies consent for service-related calls.
If the proposed August 2024 rules pass: You’ll need consent that specifically mentions AI-generated calls. Most businesses are updating their consent language proactively now, even though it’s not required yet.
Can I use AI voices for customer service callbacks?
Yes, if you have consent. If the customer gave you their number and requested a callback, that’s generally considered consent for the callback (even if it’s AI-generated). Just make sure you identify yourself clearly and provide an opt-out.
What about B2B calls?
B2B calls have more flexibility under TCPA, but the same AI rules still apply. You still need consent for automated calls to wireless numbers. The good news: business calling patterns typically look less “spammy” to carriers, so you’re less likely to be flagged.
Compliance best practices for AI voice calls
Whether your calls are handled by humans or AI agents, follow these principles. They align with 47 CFR §64.1200 (TCPA regulations) and industry standards:
Get consent first – Obtain prior express consent before making automated or prerecorded calls to wireless numbers. For telemarketing calls, you need prior express written consent. Right now, consent for “automated calls” covers AI calls, but consider adding AI-specific language proactively: “I agree to receive calls, which may include AI-generated voice messages, from [Company].”
Identify yourself clearly – Start each call with your business name and purpose. “This is John from XYZ Company calling about your appointment.”
Honor Do Not Call lists – Maintain both national DNC compliance and your own internal opt-out list.
Call during legal hours – Between 8:00 a.m. and 9:00 p.m. in the recipient’s local time zone. No exceptions.
Provide easy opt-outs – Allow recipients to say “stop” or press a key to opt out. Honor it immediately (within 24 hours for residential lines).
Keep records – Log every call attempt, consent details, timestamps, and outcomes. If you get sued under TCPA, documentation is your defense.
Understand B2B flexibility – Business-to-business calls have more flexibility than consumer calls, but transparency still matters.
Monitor regulatory changes – The FCC’s proposed AI disclosure rules aren’t final yet, but they’re coming. Stay informed at the FCC’s robocall page.
Note: We’re not lawyers, and this isn’t legal advice. Always consult with legal counsel about TCPA compliance for your specific situation.
The bigger picture
As AI voice agents become more capable and realistic, carriers and regulators are paying closer attention to call authenticity, consent, and transparency. The regulatory environment is shifting from “AI voices might be covered” to “AI voices are definitely covered and here are specific rules.”
The businesses winning with AI voice aren’t waiting for final rules to drop. They’re:
- Updating consent language now to include AI mentions
- Documenting everything (call logs, consent records, opt-outs)
- Training teams on TCPA compliance basics
- Working with platforms like AgentVoice that build compliance into the product
By combining verified caller registration, responsible automation practices, and regulatory awareness, you stay ahead of both the algorithms and the evolving rulebook.
Start with these actions
Review your consent language – Does it mention automated/prerecorded calls? Consider adding AI-specific language proactively.
Document your processes – Make sure you’re logging consent, call attempts, and opt-outs systematically.
Train your team – Everyone who touches your calling operation should understand basic TCPA requirements.
Monitor the August 2024 proposals – Comments were due in October 2024. Watch for the final rule adoption, which could happen in 2025.
Want a complete compliance checklist? We’re putting together an “AI voice compliance checklist (2025)” covering FCC requirements, TCPA rules, and implementation workflows. Drop your email below and we’ll send it over when it’s ready.
Additional resources
FCC Resources: