The sales manager at a residential solar installer in Sacramento had bought a list of twenty thousand homeowners and wanted an AI agent to work through it at a few hundred calls an hour, which is exactly the plan that tends to end with a class action. The conversation that plan needs is mostly about consent, and about why a list like that is nearly worthless for this particular purpose.
The businesses in this article are illustrative examples, not named StartAutomate clients.
Key takeaways
- In February 2024 the FCC confirmed that AI-generated voices count as artificial voices under the TCPA, so the same consent rules that apply to prerecorded calls apply to AI calls.
- Telemarketing calls made with an AI voice to cell phones or residential lines generally need the recipient's prior express written consent.
- Calls to people who asked you to call, such as web form leads that agreed to be contacted, are where AI outbound calling works well and legally.
What the TCPA covers
The Telephone Consumer Protection Act is the federal law that governs telemarketing calls, autodialed calls, and calls using an artificial or prerecorded voice. It carries statutory damages of five hundred dollars per call, up to fifteen hundred if the violation is willful, and plaintiffs' firms bring these cases as class actions, which is why a list of twenty thousand numbers can turn into a very large number.
This article is a practical summary rather than legal advice. Any business planning outbound calls at scale should have its consent process and scripts reviewed by a lawyer who works on TCPA matters.
The FCC ruling on AI voices
In February 2024 the FCC issued a declaratory ruling that voices generated by AI, including cloned voices, fall within the TCPA's meaning of an artificial or prerecorded voice. In practical terms, an AI agent calling a consumer is treated the same way as a robocall with a recorded message, however natural the conversation sounds.
That means the consent requirements for artificial voice calls apply. For telemarketing to a cell phone or residential line, the caller generally needs the person's prior express written consent, and the call must identify the business making it and provide a way to opt out.
Where AI outbound calling fits
AI outbound calling works well, and legally, when the person has asked to be contacted. A homeowner who fills in a solar quote form and ticks a clear consent box agreeing to calls, including automated or AI calls, from that installer can be called back in two minutes by an AI agent that qualifies the lead and books a site survey.
It also fits calls that are not telemarketing at all, such as appointment reminders, delivery updates, and follow-ups with existing customers, although the rules on consent for those calls still depend on the type of line and the content of the call.
Do Not Call lists and calling hours
Telemarketing calls must respect the National Do Not Call Registry and the company's own internal do-not-call list, and the agent should add anyone who asks not to be called again to that internal list during the call. Telemarketing calls are also limited to between eight in the morning and nine at night in the recipient's local time.
The agent we build checks the time zone of each number before dialing and stops calling a number the moment the person says stop, with the reason logged so the business can show it later if it ever needs to.
California rules on top
California adds its own layer. It is an all-party consent state for recording calls, so the agent announces that the call is recorded at the start, and state law requires bots used to sell goods or services to disclose that they are bots when communicating with Californians online. We have the agent say it is an AI assistant at the start of every call anyway.
An installer in that position usually does better pointing the AI agent at its own inbound quote requests, with a rewritten consent line on the website form, and leaving the purchased list in the drawer it came from.
Common questions
Is AI cold calling legal in the US?
Calling consumers with an AI voice for telemarketing generally requires prior express written consent under the TCPA, following the FCC's 2024 ruling. Calling people who have consented, such as inbound leads, is lawful when done correctly. Get legal advice before running outbound campaigns.
Does the TCPA apply to AI voice agents?
Yes. The FCC ruled in February 2024 that AI-generated voices are artificial voices under the TCPA, so the rules for prerecorded and artificial voice calls apply.
Can I use a purchased list for AI calls?
A purchased list almost never carries the prior express written consent needed for AI telemarketing calls to consumers. It is safer to call people who asked to be contacted by your business specifically.