How to Comply with TCPA When Using AI Calling — Complete Guide

## TCPA and AI Calling: What You Need to Know

The Telephone Consumer Protection Act is the primary law governing automated calling in the United States. If you are using AI to make phone calls, TCPA compliance is not optional — violations carry penalties of $500-1,500 per call.

Here is every rule that applies to AI calling, explained in plain English.

The Core TCPA Rules

Prior Express Written Consent (PEWC): For marketing calls to cell phones using AI or prerecorded voices, you must have written consent from the person being called. This consent must clearly state that the person agrees to receive automated calls, specify the phone number they consent to receive calls on, and identify your company as the caller. Consent is typically collected through web forms, landing pages, or signed agreements.

B2B Exception: Calls to business landlines for business purposes do not require PEWC. However, calls to a business person's personal cell phone do require consent, even if the call is business-related.

Do Not Call Compliance: You must maintain an internal DNC list of people who have asked not to be called. You must scrub your calling lists against the National DNC Registry at least every 31 days. You must honor DNC requests within 30 days.

Calling Hours: You may only call between 8 AM and 9 PM in the prospect's local time zone. Your system must automatically enforce this based on the prospect's area code or known location.

Caller ID: You must transmit accurate caller ID information. The number displayed must be a working number that connects to your organization. Spoofing caller ID is a federal violation.

Opt-Out: You must provide an automated opt-out mechanism during every call. The prospect must be able to opt out at any time during the conversation by pressing a button or saying a keyword like "remove me" or "stop calling."

The 2024 FCC AI Voice Ruling

In February 2024, the FCC specifically ruled that AI-generated voices are classified as "artificial or prerecorded" voices under the TCPA. This means all TCPA rules that apply to robocalls now apply to AI calls.

Additionally, the FCC requires that AI calls disclose they are using AI technology. Your AI agent should identify itself as AI during the call.

Building a Compliant AI Calling Program

Step 1: Collect and document consent. Build opt-in landing pages where prospects give PEWC before they enter your calling list. Store consent records with timestamps, IP addresses, and the exact language they agreed to.

Step 2: Scrub against DNC lists. Before every campaign, scrub your calling list against the National DNC Registry and your internal DNC list. Automate this process so it cannot be skipped.

Step 3: Configure calling hours. Set your AI calling platform to respect time zone restrictions automatically. Most platforms handle this based on area code mapping.

Step 4: Set up AI disclosure scripts. Include identification in your AI's opening: "This is an AI assistant calling on behalf of [Company]."

Step 5: Enable opt-out automation. Configure your AI to recognize opt-out requests and immediately stop the call and add the number to your internal DNC list.

Step 6: Record and retain. Keep call recordings and consent records for at least 5 years. This is your proof of compliance if challenged.

How UnlockMyLead Handles TCPA

UnlockMyLead automates compliance with DNC scrubbing before every campaign, time zone enforcement based on prospect location, built-in AI disclosure scripts, one-click opt-out that updates your DNC list instantly, consent tracking with full audit trail, and call recording with secure storage.

[Learn more about our compliance features](/security) or [start your free trial](/register).