Consent for AI Phone Calls: Express vs Written

AI-voice calls need one of two levels of consent under the TCPA. Informational calls, like appointment confirmations, need prior express consent. Marketing calls need prior express written consent, a signed agreement that specifically covers artificial-voice calls. The FCC confirmed in 2024 that AI-generated voices are "artificial" voices, so these rules apply to AI agents.

This article explains what each level means and where businesses go wrong. For the practical side (forms, wording, record keeping), see how to collect consent for AI calls. This is general information, not legal advice.

The two levels side by side

	Prior express consent	Prior express written consent
Needed for	Informational, non-marketing artificial-voice calls	Telemarketing or advertising artificial-voice calls
Typical source	The person gave you their number for a related reason	A signed form or checkbox with specific disclosure
Must be in writing?	No, but you need proof	Yes, signed (electronic signatures count)
Must mention artificial voice?	No	Yes, it must authorize calls using an artificial or prerecorded voice
Must say consent isn't a condition of purchase?	No	Yes
Covers which number?	The number they provided	The number named in the agreement

The definitions are in 47 CFR 64.1200. "Prior express written consent" is defined in 64.1200(f)(9).

What counts as prior express consent

The FCC has long held that a person who knowingly gives their number to a business has generally invited calls related to that reason. In practice:

• A patient gives their cell number when booking: appointment reminder calls are generally covered.
• A homeowner submits a quote request with their number: a follow-up call about that quote is generally covered.
• A customer gives a number on a repair ticket: a "your car is ready" call is generally covered.

Scope matters. A number given for a repair ticket doesn't cover a call about a new service package. The further the call drifts from the reason the number was given, the weaker the consent.

What counts as prior express written consent

The written agreement must:

1. Be signed by the person (an e-signature under the E-SIGN Act counts, including a checked box with clear language on a web form).
2. Clearly authorize the seller to deliver telemarketing calls using an automatic dialing system or an artificial or prerecorded voice.
3. Identify the phone number the calls may go to.
4. Disclose that agreeing isn't a condition of buying anything.

A generic "I agree to the terms" checkbox doesn't meet this standard. Neither does a privacy policy link. The disclosure needs to be clear and the person needs to take an action that shows agreement.

Common mistakes

Treating a customer relationship as consent. The "established business relationship" exemption applies to Do Not Call Registry rules for live calls. It doesn't replace consent for artificial-voice calls. An AI marketing call to a past customer still needs written consent.

Mixing purposes. An appointment reminder that pitches an upgrade becomes a telemarketing call, which needs written consent.

Relying on purchased or shared leads. Consent given to a lead seller or another company usually doesn't name your business or authorize artificial-voice calls from you. The FCC's 2023 one-to-one consent rule was vacated by the Eleventh Circuit in 2025, but the consent you rely on still has to actually cover your calls.

No records. If you're challenged, you carry the burden of proving consent. "They gave us their number" is a weak defense without a timestamped record of when, where and what they agreed to.

Ignoring revocation. Consent can be withdrawn by any reasonable means under current rules: "stop calling me" on a call, a reply text, an email. Opt-out rules are being revised; see handling opt-outs on AI calls and texts.

Does consent need to mention AI?

Under current federal rules, written consent must authorize "artificial or prerecorded voice" calls, and the FCC has said AI voices are artificial. It doesn't currently have to use the word "AI." The FCC proposed in 2024 that consent forms disclose that consent may include AI-generated calls; that proposal hasn't become a final rule as of this writing.

Mentioning AI anyway costs nothing and removes any argument that the person didn't understand what they agreed to. Example: "...including calls using an automated system or an artificial or AI-generated voice."

Quick decision table for common AI calls

AI call	Typical consent needed
Confirm an appointment the customer booked	Prior express consent
Remind about an unpaid invoice	Prior express consent (and check debt collection rules)
Follow up on a quote request from your website	Prior express consent, if the form covered calls about the request
Offer a seasonal promotion to past customers	Prior express written consent
Re-engage leads who went quiet months ago with an offer	Prior express written consent
Survey after service, no sales pitch	Prior express consent
Call a number from a purchased list	Don't

See AI appointment reminder calls and AI follow-up calls to leads for setup guidance on the two most common cases.

How long consent lasts

Federal rules don't put an expiration date on consent. Two things erode it in practice:

• Revocation. Once someone opts out, consent is gone for the covered calls.
• Drift. Consent is tied to a purpose. A quote request from two years ago doesn't comfortably support a call today about a different service.

A sensible internal policy: refresh written consent when you change what you're calling about, and don't place AI marketing calls on consent older than you can defend.

Consent and texting

Texts are treated as calls under the TCPA, and AI texts follow similar consent logic, with carrier rules layered on top. See consent for AI text messages.

How Callata fits

Callata asks for a consent confirmation before every outbound AI call: whoever starts the call must confirm the person consented to receive a call from an AI assistant and describe what the call is about. It blocks numbers on your opt-out list and only places AI calls between 8 a.m. and 9 p.m. in your business time zone. The agent introduces itself as an AI assistant from your business. Callata doesn't collect consent for you; the forms and records are yours to keep.

Callata Office is $99 per month for up to five users ($20 per additional user), and AI agents use prepaid minutes at $0.25 per minute. Get started with Callata.