AI cold calling rules: what the FCC ruling means for outbound
In 2024 the FCC confirmed that AI-generated voices count as artificial voices under the TCPA. That one sentence decides where an AI can and cannot call.
Revio AI4 min read
The short version
- Under the FCC's 2024 ruling, calls using AI-generated voices are treated like prerecorded or artificial voice calls under the TCPA.
- Calls with an artificial voice to mobile numbers need prior express consent, and prior express written consent when the call is telemarketing.
- Statutory damages under the TCPA are $500 per violation, and up to $1,500 when the violation is willful or knowing.
- Practical safeguards: call published business lines, keep to calling hours in the recipient's timezone, identify the business at the start, and honour do-not-call requests at once.
The law in one paragraph
The Telephone Consumer Protection Act, or TCPA, is the main US federal law on telemarketing calls and texts. Among other things, it restricts calls made using an "artificial or prerecorded voice". In February 2024 the FCC issued a declaratory ruling confirming that voices generated by AI fall within that phrase. So a call where an AI speaks is subject to the same restrictions as a robocall playing a recording.
Why the type of number matters
The TCPA's artificial voice rules apply differently depending on the line being called:
| Line type | Artificial voice rules | What this means in practice |
|---|---|---|
| Mobile phones | Prior express consent required; prior express written consent for telemarketing | Do not place AI calls to mobile numbers without documented consent |
| Residential landlines | Consent requirements apply, with written consent for telemarketing | Treat the same as mobile |
| Business landlines | The residential line restrictions do not apply in the same way | The main lane for B2B outreach, but other rules still apply |
The catch for B2B is that many small business owners use a mobile phone as their business line. A number printed on a website is not automatically a business landline. The burden of showing a call was allowed sits with the caller, not with whoever supplied the number.
Calling hours
Federal telemarketing rules prohibit calls to residential subscribers before 8am or after 9pm in the recipient's local time. Some states set narrower windows. For B2B calling, keeping to normal business hours is both considerate and safer.
The detail that trips people up is time zones. The hours that count are the recipient's, not yours. Revio only calls between 9am and 7pm on weekdays in the prospect's own timezone, and if it cannot establish that timezone, it does not call.
Identifying yourself
FCC rules require artificial or prerecorded voice messages to identify the business responsible at the beginning of the message, and to provide a telephone number. Beyond the legal minimum, being open that the caller is an AI is simply the right way to start the conversation. People react far worse to discovering it later than to hearing it up front.
This is an AI assistant calling on behalf of [your business].
Do-not-call lists
- The National Do Not Call Registry protects personal numbers from telemarketing calls. Calls to businesses are generally outside it, but a sole trader's personal mobile is, in practice, a personal number.
- Company-specific do-not-call lists are required for telemarketers: when someone asks you not to call again, you must record it and stop.
- Honour requests on every channel. Someone who says "don't call me" on the phone will not be pleased to receive a text an hour later.
In Revio, an opt-out on any channel suppresses that person across all channels, and it takes priority over every other decision, including a prospect who looks highly interested.
Text messages
Texts are treated as calls under the TCPA for many purposes, and marketing texts to mobile numbers generally require consent. Carriers also impose their own registration and content rules on business texting. Keep texts to transactional uses, such as confirming a meeting the person agreed to, unless you have clear consent.
What the penalties look like
The TCPA lets recipients sue directly. Statutory damages are $500 per violation, and a court can increase that to up to $1,500 per violation if it was willful or knowing. Because each call can be a separate violation, the totals in class actions can become very large. Regulators can also bring their own enforcement actions.
A practical checklist
- Only use an AI voice on published business lines, or with documented consent
- Disclose that the caller is an AI, and name the business, in the first sentence
- Call only within business hours in the recipient's own timezone, on weekdays
- Block the call when the timezone cannot be established
- Record do-not-call requests immediately and apply them across every channel
- Limit the number of call attempts per prospect
- Keep records of consent, calls placed and opt-outs
- Check the telemarketing laws of the states you call into
Email has its own rules, covered in cold email deliverability rules. For how these safeguards sit inside the product, see the security page.
Common questions
Is AI cold calling legal in the US?
It can be, within the TCPA and state laws. The key constraints are consent for mobile and residential numbers, calling hours, identification and do-not-call requests. This is general information, not legal advice.
Does the FCC ruling ban AI voice calls?
No. It confirms that AI-generated voices are "artificial" voices under the TCPA, which means the existing consent rules for artificial and prerecorded voice calls apply to them.
Is calling a business landline always allowed?
Business landlines fall outside the TCPA's residential line restrictions, but state laws, do-not-call requests and identification rules still apply, and many numbers that look like business lines are actually mobiles.