AI voice agents and the TCPA: get consent before you dial

AI voice agents can now call leads, confirm appointments and chase invoices in a voice that sounds human. If yours makes outbound calls, the Telephone Consumer Protection Act (TCPA) applies, and it's one of the most heavily litigated consumer laws in the US.

AI voices are "artificial" voices

On February 8, 2024, the Federal Communications Commission issued a declaratory ruling that calls using AI-generated voices, including cloned voices, fall within the TCPA's restrictions on calls using an "artificial or prerecorded voice". The ruling took effect immediately.

That's the FCC's position: the rules that have long applied to robocalls with recorded messages apply to AI voice agents. Since the Supreme Court's 2025 decision in McLaughlin Chiropractic v. McKesson, courts aren't bound to follow the FCC's reading of the statute, but most observers expect them to reach the same answer. Build as if they will.

What that requires

• Consent first. Calls using an artificial or prerecorded voice generally need the called party's prior express consent, unless an exemption or emergency applies. Telemarketing calls, meaning calls that sell or promote something, generally need prior express written consent, a stronger signed agreement that meets specific requirements.
• Identify the caller. FCC rules require artificial or prerecorded voice messages to state clearly, at the beginning, the identity of the business responsible for the call, and to provide a callback telephone number during or after the message.
• Offer an opt-out. Telemarketing messages using an artificial or prerecorded voice must offer an automated opt-out, by voice or key press, within two seconds after that identification. Using it must add the number to the caller's do-not-call list and end the call.
• Do-not-call lists. National and internal do-not-call rules still apply to telemarketing.

Why the stakes are high

The TCPA lets individuals sue for $500 per violation, and a court can increase that to up to $1,500 per violation if it was willful or knowing (47 U.S.C. section 227(b)(3)). Each call can be a separate violation, and these cases are often brought as class actions. Several states have their own versions of the law with additional rules.

For startups building voice agents

• Know which side of the line you're on. Inbound calls answered by an AI agent raise different issues from outbound calls placed by one. Outbound calls are where the TCPA bites.
• Build consent capture into the product. Record when, how and in what words each person consented, and to which company.
• Allocate responsibility in contracts. If customers use your platform to place calls, your terms should make them responsible for consent and lawful use, require them to follow the identification and opt-out rules, and give you the right to suspend misuse.
• Default to compliant settings. Identification at the start, a working opt-out, and calling-hours limits on by default make life easier for customers and for you.

A TCPA review before launch usually costs a fraction of defending one class action. Build the consent flow first, then scale the calling.