Companies are using AI voice assistants in 101 ways to advance their businesses. They are handling appointment scheduling, application follow-ups, lead qualification, and so many day to day tasks.
But their excessive use has raised many legal concerns. Now, businesses have to answer many critical compliance related questions like:
- Did they get consent before that call?
- Was the user told they were speaking with AI?
- Is the conversation being recorded? If so, how securely?
- And what happens if someone asks to be deleted?
Answers to these questions become inevitable in regulated industries like healthcare. Therefore, legal authorities like the Federal Communications Commission are keeping an eagle eye on how these calls are made, what information is disclosed, and whether consumers’ rights are being protected or not.
So, legal compliance is no more a secondary concern but a necessity now. Businesses that fail to comply with legal requirements for AI calls like following consent, disclosure, and opt-out requirements are fined heavily and even banned and blocked from operations
In this blog, I will explain the legal requirements for AI calls in the United States. I will disclose the key obligations under the TCPA, FCC rules. And discuss the consent standards that businesses must follow in 2026.
What is the Legal Definition and Scope of AI Calls?
Technically, an AI call is a telephone call generated with help of AI software or AI setups to communicate with consumers without human involvement.
But its legal definition and scope is different!
Legally, any call that involves the use of AI technologies like speech recognition, natural language processing, machine-generated responses, or automated decision-making comes under the umbrella of AI calls.
Scope of AI Calls
The scope of AI calls depends on the level of automation you are using in initiating, controlling, or responding during the call rather than whether human voice is used or not. Fully automated voice calls and AI voice bots are considered as automated calling systems or robocalls under telecom rules. Whereas AI assisted calls that involve limited automation and human intervention carry lower compliance risks.
Regulatory authorities like FCC access any call as AI or robocall on three main factors:
- Functionality
- Scale
- Autonomy
Functionality
Functionality refers to features and capabilities of the calling system. It means which operations an AI system can perform. On the basis of functionality, authorities examine the following operations of your system.
- Can it initiate calls automatically?
- Can it speak using a generated voice?
- Can it understand responses and reply?
- Can it route or end calls?
If all these activities are controlled and initiated by software then calls are considered as AI or robocalls.
Scale
Scale defines volume and speed per unit time. If your calling system can initiate and place thousands of calls per minute or in a short period of time then they are considered as automated calls as per telecom rules and regulations.
Autonomy
Autonomy defines the independence of the calling system. Authorities like FCC examines the autonomy of your system on following basis:
- Who decides when to place a call: AI or Human?
- Does your system converse without human intervention?
- Does it respond based on user input?
- Is a human monitoring every call in real time or only reviewing logs later?
If AI is making calls, conversing, and responding dynamically without human intervention then your system comes under automatic calling and must act as per rules.
Are AI Calls Legal in the United States?
Yes, technically, AI calls are legal. But, at both federal and state level, they are highly regulated regardless of whether you are using traditional robocall technology or modern AI systems.
The legal requirements for AI calling include:
- Before calling businesses must obtain consent from the recipient.
- It must be disclosed clear that recipients will interact with AI system or AI bots
- The purpose of the AI call must be clearly stated.
- AI calls must include easy opt-out mechanisms.
- AI calls must follow legally permitted calling hours.
- Business must follow strict data protection rules as AI calls involve recording, transcription, or storage of conversations
- AI systems must comply with both federal and state regulations.
If you comply with all these legal requirements, AI calling is legal. If not, it is illegal for you.
Federal Laws Governing AI Calls
Federal telecommunications laws are created by the U.S. government to protect people from being contacted in unfair or intrusive ways. Although these laws were created long before the development and application of modern AI calling systems yet they are still applicable on them. Businesses cannot avoid their legal responsibility by claiming that AI is new or different from traditional robocalls, automated dialing machines, and prerecorded messages.They are still considered automatic calls based on their functionality, scale, and autonomy not on how advanced the technology sounds.
The two main federal laws governing AI calls are:
- The Telephone Consumer Protection Act (TCPA)
- FCC Rulings and Interpretations
The Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) is the main law controlling the regulation of telephone solicitations. It was passed by President George H.W. Bush in 1991. Earlier at that time, robocalls and telemarketing calls were a headache for common man and they felt intrusive and invasive. Over time, it was further strengthened by legislation like 2019’s TRACED Act, and rulemaking by the Federal Communications Commission (FCC) and Federal Trade Commission (FTC). Now, the same law regulates modern AI automated marketing and sales calls
The TCPA prohibits telemarketers, banks, debt collectors, and other companies from using an automatic telephone dialing system (ATDS) to call consumers without their consent. The main goal of the TCPA was to ban all automated calls except when the receiving party consents to receiving the call or when the call is made for emergency purposes.
TCPA regulates three types of automated calls:
- Marketing and promotional calls
- Informational calls
- Appointment reminders
Key TCPA Rules to Follow
As outlined in TCPA, businesses must follow below mentioned rules before making automated sales, marketing, informational, or reminder calls:
- Obtaining prior express written consent for marketing calls and texts
- Making sure that calling system does not contact phone numbers that are on the Do Not Call list, unless a legal exception applies.
- Prompt accepting DNC requests from consumers
- Ensuring a name and number is displayed on Caller ID
- Placing calls and texts only during 8 AM to 9 PM
- Treating texts the same as calls when utilizing an ATDS
- Disclosing facts, including the agent’s name, company name, and contact information
- Making sure the call abandonment rate does not exceed 3% per campaign per month
- Monitoring for compliance both internally and for third-party vendors
Why Is TCPA Compliance Important?
TCPA compliance is important because a single wrong call or violation can lead to lawsuits and heavy financial penalties. The Financial penalties include:
- $500 per violation
- Up to $1,500 per violation in case of intentional violation
- Up to $43,792 per violation for Do Not Call (DNC) list violations
Beside financial penalties, one of the biggest risks is class action lawsuits. Under the TCPA, consumers have a private right to sue businesses for making illegal calls or sending messages.
Moreover, regulatory authorities like the Federal Communications Commission and state Attorneys General can also bring cases in federal court.
TCPA violations can cause reputational damage that can harm customer trust. Usually, companies with a history of TCPA cases are more likely to be targeted again by professional plaintiffs.
FCC Rulings and Interpretation
The Federal Communications Commission (FCC) is responsible for interpreting, enforcing, and updating federal calling regulations. Usually Laws like TCPA have broader scope and are generally made so they stay viable for a longer period. For example, TCPA came up in 1991 to deal with robocalls but at that time AI calling systems were not functional.
So, the regulatory authorities like FCC interprets these existing laws and tells how they apply to newly emerged technologies and scenarios. Referring to TCPA again, it was made to deal with traditional robocall but FCC interpreted how it extends to modern AI systems.
Key FCC Rulings and Positions on AI Calling
FCC has clearly issued some interpretations and rulings that directly apply to AI calls.
- The FCC has clarified that if an AI system initiates calls, delivers prerecorded voice messages and responds to consumers without human supervision; it is treated as a robocall system under federal law.
- The FCC has interpreted that consent rules applies to all kinds of automated AI calls either they are marketing , sales, or informational calls
- According to FCC interpretation, businesses must disclose the purpose of the call clearly. Using modern technology and human-like voices do not exempt you from following TCPA rules and FCC interpreted regulations.
- The FCC strictly enforces that AI systems honor and request DNCrules.
- FCC states clearly that if as a business you are third-party AI platforms for calling, it does not shift liability. Businesses still remain legally responsible for calls made on their behalf
Legal Requirements for AI Calls
AI calls are legal in the US only if they comply with federal and state laws. These regulations are not secondary or optional rather they are a must have and necessity.
During the compliance evaluation process; authorities focus on three main principles to decide whether the calling practice protects consumers rights or not. These principles include:
- Consumer impact: Consumer impact means how the call affects the recipient. If the call is unwanted and causes annoyance to a high volume of people, they are considered non-compliant.
- Transparency: It means that recipients must clearly understand the purpose of calling and they must know that the call is automated or AI-driven. Hiding the use of AI, unclear disclosures, are considered as serious violations because they deprive consumers of informed decisions.
- Control : It focuses on the autonomy of consumers to opt out, stop future calls, or refuse consent. Authorities also assess whether businesses maintain oversight over their AI systems or not.
To comply with these principles, businesses must meet the following legal requirements for AI calls.
Prior Express Consent Requirements
Consent is the foundation of legality. It is a clear and verifiable agreement from the recipient that allows businesses to contact them via automated calls. Consent is taken before calls. They must be related to the purpose specified in the consent.
Many businesses assume consumers have agreed to receive AI calls because of past interaction with the company. Implied consent is a common compliance failure. Instead of it; clear, direct and explicit permission is required under TCPA.
Disclosure Obligations During AI Calls
Recipients must be informed about the identity of the caller or business, AI nature of the call, purpose of the call, and ways to opt out. These things must be disclosed at the beginning of the call before substantive interaction starts.
Disclosures must be understandable. Poor audio quality, rushed speech, or confusing phrasing are red flags and treated as non-compliance.
Call Purpose Transparency
AI calls must be related to purpose explained in the content and should be stated early in conversation, too. Misrepresentation of sales calls as a survey, service update, or notification is deception and is considered as non-compliance. Regulators scrutinize calls that hide their true intent and rank them as sheer violation.
Opt-Out and Do-Not-Call Compliance
Respecting consumer choice is the most important legal obligation.
AI calls must include a simple way for recipients to opt out. And if the recipient requests not to receive calls again, it must be honored without delay. Moreover, AI systems must respect legally permitted calling hours and account for time zones.
Businesses have an obligation to maintain internal DNC lists and they must suppress the numbers enlisted on the National Do-Not-Call registry. If calls still continue after opting out, it is considered as serious violations.
FAQ about Legal Requirements for AI Calls
Do AI calls require consent?
Yes, all kinds of calls from sales, marketing to informational calls and reminders require clear and direct consent. It is the foundation of legality and verifiable agreement from the recipient that allows businesses to contact them via automated calls.
Are AI voice bots considered robocalls?
Yes. Legally, any call that involves the use of AI technologies like speech recognition, natural language processing, machine-generated responses, or automated decision-making comes under the umbrella of AI calls. AI voice bots automatically converse, and respond dynamically without human intervention therefore they are considered a form of robocall.
Is disclosure mandatory for AI calls?
Yes. Disclosure is mandatory for AI calls. Recipients must be informed about the identity of the caller or business, AI nature of the call, purpose of the call, and ways to opt out. Disclosures must be understandable. Poor audio quality, rushed speech, or confusing phrasing are red flags and treated as non-compliance.
Can businesses be fined for illegal AI calls?
Yes. Any wrong call that does not comply with federal and state law is considered non-compliant and is exposed to having fines ranging from $500 to $1500. Moreover, these violations may result in class action lawsuits.and long-term reputational damages.
Are informational AI calls exempt from the TCPA?
No. Informational AI calls are not exempted from the TCPA. they may face fewer restrictions than marketing calls yet they still comply with consent, disclosure, opt-out, and timing requirements. Misclassifying sales or marketing calls as informational is a common compliance mistake and is exposed to penalties.
