AI voice agents are not categorically prohibited, but the rules depend on how the system is used. Inbound answering, outbound calling, recording, sensitive-data processing and marketing require separate assessment.
On 8 February 2024, the FCC released a declaratory ruling confirming that AI-generated human voices fall within the TCPA’s restrictions on artificial or prerecorded voices. The ruling recognises consent requirements and applicable exceptions; it does not say every use of AI to answer a telephone is unlawful. (docs.fcc.gov)
Use this scoping checklist with counsel:
| Proposed activity | Review needed |
|---|---|
| Customer calls your service number | Inbound workflow, disclosures, recording, privacy and sector-specific duties. |
| Agent calls a new lead | Calling purpose, number type, consent evidence and applicable restrictions. |
| Agent sends a reminder or callback | Exact consent scope and any relevant exemption—not merely the label “informational”. |
| Agent markets products or services | Applicable TCPA, do-not-call, opt-out and telemarketing requirements. |
| Agent processes health or payment information | Separate sector-specific controls. |
The FTC’s Telemarketing Sales Rule guidance also addresses prerecorded telemarketing calls, written agreements and opt-out mechanisms. Counsel should assess its application to the proposed implementation rather than assume TCPA review covers everything. (ftc.gov)
A supplier’s “TCPA compliant” claim cannot establish that your contact list, consent process and campaign are compliant.