AI Outbound Calls and the TCPA: What Applies

Yes, the Telephone Consumer Protection Act (TCPA) applies to AI phone calls. In February 2024 the FCC ruled that AI-generated voices count as "artificial or prerecorded voice" under the TCPA, so an AI agent that places a call needs the same prior consent a prerecorded robocall would, plus identification, opt-out and calling-hour compliance.

This guide covers what that ruling means in practice for a small business using AI agents to call customers and leads. It's general information, not legal advice; for anything high-volume or borderline, talk to a TCPA attorney.

The 2024 FCC ruling in one paragraph

The FCC's Declaratory Ruling, adopted unanimously in February 2024, answered a narrow question: is a voice generated or cloned by AI an "artificial" voice under the TCPA? The answer was yes. That pulled AI voice calls into the existing rules at 47 CFR 64.1200. Nothing new was invented; the existing robocall rules simply apply.

What the TCPA requires for artificial-voice calls

Requirement	What it means for AI calls	Rule
Prior express consent	The person agreed to receive calls at that number	47 CFR 64.1200(a)(1), (a)(3)
Prior express written consent for telemarketing	A signed (e-sign is fine) agreement covering artificial-voice marketing calls	64.1200(a)(2), (f)(9)
Identify the caller	State the business name at the start of the call	64.1200(b)(1)
Provide a callback number	Give a number the person can call during or after the message	64.1200(b)(2)
Opt-out for telemarketing	An automated way to opt out during the call for artificial-voice telemarketing	64.1200(b)(3)
Calling hours for solicitations	Not before 8 a.m. or after 9 p.m. local time of the called party	64.1200(c)(1)
Honor do-not-call requests	Keep an internal do-not-call list	64.1200(d)

Some of these apply only to telemarketing, some to all artificial-voice calls. If you're unsure, treat your AI call as if every row applies. Over-complying costs little; a TCPA claim can cost $500 to $1,500 per call under the statute.

Informational vs telemarketing calls

The consent level depends on the call's purpose.

Informational calls confirm, remind or follow up on something the person already asked for:

• "Calling to confirm your 2 p.m. appointment tomorrow."
• "Following up on the quote you requested Tuesday."
• "Your repair is ready for pickup."

These generally require prior express consent, which a person usually gives by providing their number for that purpose.

Telemarketing calls encourage the purchase of goods or services:

• "We're running a spring special on gutter cleaning."
• "You haven't booked in a while; want to schedule?"

These need prior express written consent: a written agreement, signed (electronic signatures count), that clearly authorizes calls using an artificial or prerecorded voice to that number and states that consent isn't a condition of purchase. See consent for AI calls explained for the full definition and how to collect consent for AI calls for form language.

A call that mixes the two ("confirming your appointment, and by the way, we have a special") is a telemarketing call. Keep reminder calls clean.

Rules that changed or were proposed since 2024

Three developments matter if you're reading older guidance:

1. One-to-one consent was vacated. The FCC's 2023 rule that would have required consent to name one seller at a time was struck down by the Eleventh Circuit in January 2025 (Insurance Marketing Coalition v. FCC). Consent still must be specific and properly obtained; it just isn't subject to that extra rule.
2. AI disclosure rules were proposed, not finalized. In August 2024 the FCC proposed requiring AI-generated calls to say they're AI at the start and requiring consent forms to mention AI. As of this writing it remains a proposal. Disclosing anyway is good practice; see AI disclosure laws for phone agents.
3. Opt-out (revocation) rules are being rewritten. The 2024 consent revocation rules require honoring opt-outs made by any reasonable means within 10 business days. In September 2026 the FCC circulated revisions that would let callers designate one exclusive opt-out method and limit some informational opt-outs to the category of call. Check the current status before relying on either version. See handling opt-outs on AI calls and texts.

State laws stack on top

Several states have their own "mini-TCPA" laws that are stricter than federal rules, especially on calling hours and call frequency. Florida, Maryland and Oklahoma, for example, limit telephone solicitations to 8 a.m. to 8 p.m. and cap them at three calls per 24 hours on the same subject. See AI calling hours rules.

The federal Telemarketing Sales Rule (TSR), enforced by the FTC, also applies to many outbound sales calls. It has its own calling-hour rule, do-not-call requirements, and disclosures that must come first in a sales call (seller identity, that it's a sales call, and what's being sold). See AI calls and the Do Not Call Registry.

A pre-call checklist for every AI call

• I know why I'm calling (informational or telemarketing).
• I have the right consent for that purpose, and I can find the record.
• The number isn't on my internal do-not-call list or opt-out list.
• If telemarketing: the number was scrubbed against the National Do Not Call Registry within the last 31 days, unless I hold written consent.
• It's within the allowed hours in the recipient's time zone (and state).
• The opening line names my business and says the caller is an AI assistant.
• The agent leaves a callback number on voicemail.
• The agent knows how to accept "don't call me again" and end the call.

What an AI agent's script should include

Opening: "Hi [first name], this is Mia, an AI assistant calling
from [Business]."
Purpose: one sentence on why you're calling.
If they ask to stop: "Understood, I'll make sure you're not
called again." Then end the call and log the opt-out.
If voicemail: name the business, the reason for the call in
one sentence, and a callback number. No marketing.

Don't let the agent improvise offers on an informational call. The instructions should say what the call is about and nothing more.

Uses to avoid entirely

Some uses carry risk that a small business shouldn't take on with AI calls:

• Cold calling purchased lists. Purchased leads rarely come with valid artificial-voice consent for your business.
• Debt collection. The Fair Debt Collection Practices Act and Regulation F add rules on call frequency and disclosures.
• Political calls. Separate rules and heightened scrutiny apply, and the 2024 ruling followed an AI-voice political robocall incident.
• Calls to numbers you found online. Finding a number isn't consent.

How Callata handles outbound AI calls

Callata builds several of these rules into the outbound call flow. Before an AI agent places a call, the person starting it must confirm they have the recipient's consent to receive a call from an AI assistant and describe what the call is about. Calls go only to US and Canadian numbers, only between 8 a.m. and 9 p.m. in your business's time zone, and never to a number on your account's opt-out list. The default opening line identifies the agent as "an AI assistant calling from" your business, and if the call reaches voicemail the agent leaves a brief message from your business asking the person to call back, from your business number. Place a test call to your own voicemail to hear exactly what gets left. Callata's messaging policy also prohibits using AI agents for debt collection and political calls.

Some rules still depend on you: Callata enforces the federal 8 a.m. to 9 p.m. window based on your business's time zone, so if you call people in other time zones or in states with an 8 p.m. limit, schedule accordingly. Keep your own consent records.

AI calls draw from prepaid AI minutes at $0.25 per minute, and Callata Office is $99 per month for five users, plus $20 for each user after that. Start with Callata.