Rules for AI phone calls

Using an AI receptionist or AI caller doesn't change the phone rules your business already follows, and a few rules apply to AI voices specifically. Here they are in plain English, each with its citation and a link to the source.

General information, not legal advice. Laws change and how they apply depends on your facts. Check with a lawyer before you rely on any of this.

Sources checked as of October 15, 2026.

Federal rules

FCC: AI-generated voices count as "artificial" voices under the TCPA

Outbound calls. Effective February 8, 2024

In February 2024 the FCC ruled that the TCPA's limits on calls using an "artificial or prerecorded voice" cover current AI technologies that generate human-sounding voices, including voice cloning. So an outbound call that uses an AI-generated voice is treated like any other artificial-voice call: it needs the called party's prior express consent unless it is an emergency call or falls under an exemption, and telemarketing calls need prior express written consent. The ruling also says the existing identification, disclosure and opt-out rules for artificial-voice calls apply to AI-voice calls. It is framed around calls a business initiates; it does not address inbound calls that a consumer places to a business.

Implications of Artificial Intelligence Technologies on Protecting Consumers from Unwanted Robocalls and Robotexts, CG Docket No. 23-362, Declaratory Ruling, FCC 24-17, 39 FCC Rcd 1783 (2024). FCC 24-17 Declaratory Ruling (adopted Feb. 2, 2024; released Feb. 8, 2024)

Consent for artificial or prerecorded voice calls to cell phones

Outbound calls

Federal law bars calls to a cell phone (or other service where the called party is charged) made with an autodialer or an artificial or prerecorded voice, unless the call is for an emergency or the called party gave prior express consent. Under the FCC's rules, informational calls (no advertising or telemarketing) need prior express consent, while calls that include an advertisement or are telemarketing need prior express written consent: a signed written agreement, which can be electronic, that names the phone number and states that signing is not a condition of purchase. The FCC has carved out some narrow exemptions, such as certain free-to-the-consumer package delivery, bank and HIPAA health care messages.

47 U.S.C. 227(b)(1)(A)(iii); 47 CFR 64.1200(a)(1)(iii), (a)(2), (a)(9), (f)(9). eCFR: 47 CFR Part 64, Subpart L (Restrictions on Telemarketing, Telephone Solicitation, and Facsimile Advertising)

Consent for artificial or prerecorded voice calls to residential lines

Outbound calls

Calls to a residential landline that deliver a message using an artificial or prerecorded voice generally need the called party's prior express consent. If the message includes an advertisement or is telemarketing, the FCC's rule requires prior express written consent. Some calls are exempt without consent but capped: non-commercial calls, and commercial calls with no advertising or telemarketing, are limited to three calls in any consecutive 30-day period per line, and the caller must honor opt-out requests. Emergency calls and certain HIPAA health care messages (no more than one a day and three a week) have their own exemptions.

47 U.S.C. 227(b)(1)(B), (b)(2)(B); 47 CFR 64.1200(a)(3). eCFR: 47 CFR 64.1200(a)(3)

The Telephone Consumer Protection Act (statute) and private lawsuits

Outbound calls

The TCPA is the federal statute behind the FCC's robocall and telemarketing rules. Besides FCC and state enforcement, it lets a person who receives a call that violates the artificial/prerecorded-voice or autodialer rules sue for actual losses or $500 per violation, whichever is greater, and a court can increase that up to three times for willful or knowing violations. A similar private right of action exists for repeated do-not-call violations (more than one call in 12 months).

47 U.S.C. 227(b)(3), (c)(5). 47 U.S.C. 227 - Restrictions on use of telephone equipment (GovInfo, U.S. Code)

Federal calling hours for telephone solicitations: 8 a.m. to 9 p.m.

Outbound calls

The FCC's rules bar telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m., measured in the called party's local time. The FCC applies this rule to solicitation calls to wireless numbers as well. "Telephone solicitation" does not include calls made with the person's prior express invitation or permission, calls to someone with an established business relationship, or calls by or for a tax-exempt nonprofit. The FTC's Telemarketing Sales Rule has a parallel 8 a.m. to 9 p.m. limit.

47 CFR 64.1200(c)(1), (e), (f)(15). eCFR: 47 CFR 64.1200(c)(1)

National Do Not Call Registry

Outbound calls

Telephone solicitations generally may not be made to residential or wireless numbers listed on the National Do Not Call Registry. Exceptions include a signed written agreement in which the consumer agrees to be called by that seller at that number, an established business relationship (a purchase or transaction in the last 18 months, or an inquiry or application in the last 3 months, not ended by a do-not-call request), and a personal relationship. There is a safe harbor for good-faith errors by callers that keep written procedures, train staff, and use a copy of the registry no more than 31 days old.

47 U.S.C. 227(c); 47 CFR 64.1200(c)(2), (e), (f)(5); 16 CFR 310.4(b)(1)(iii)(B). eCFR: 47 CFR 64.1200(c)(2)

Company-specific (internal) do-not-call lists

Outbound calls

Anyone making telemarketing calls must have a written do-not-call policy, train the staff involved, and record do-not-call requests. A request must be honored within a reasonable time, no more than ten business days, and kept for five years. Callers must also identify themselves on telemarketing calls: the individual caller's name, the business the call is for, and a phone number or address where that business can be reached.

47 CFR 64.1200(d). eCFR: 47 CFR 64.1200(d)

Identification required at the start of artificial or prerecorded voice calls

Outbound calls

Every artificial or prerecorded voice message must clearly state, at the beginning, the identity of the business or person responsible for the call. A business must use the name it is registered under with its state. During or after the message, the call must give a callback number (not the autodialer's number, and not a 900 or other premium number); for telemarketing calls, that number must accept do-not-call requests during regular business hours. The FCC's 2024 ruling confirmed these requirements apply to AI-generated voice calls.

47 U.S.C. 227(d)(3)(A); 47 CFR 64.1200(b)(1), (b)(2). eCFR: 47 CFR 64.1200(b)

Automated opt-out for artificial-voice telemarketing and capped exempt calls

Outbound calls

If an artificial or prerecorded voice call includes an advertisement or is telemarketing, or is one of the capped exempt calls to residential lines, it must offer an automated, interactive voice- or keypress-activated opt-out within two seconds after the opening identification. Using the opt-out must automatically add the number to the caller's do-not-call list and end the call right away. If the message is left on voicemail, it must include a toll-free number that reaches the same opt-out.

47 CFR 64.1200(b)(3). eCFR: 47 CFR 64.1200(b)(3)

Abandoned-call limits for telemarketing

Outbound calls

Telemarketers may not abandon more than three percent of live-answered calls in a 30-day campaign period. A call counts as abandoned if no live sales representative is connected within two seconds after the person's greeting. When that happens, the caller must play a prerecorded message within two seconds that says the call is for telemarketing, names the business, gives a number for do-not-call requests, and offers an automated opt-out.

47 CFR 64.1200(a)(7); 16 CFR 310.4(b)(1)(iv), (b)(4). eCFR: 47 CFR 64.1200(a)(7)

Revoking consent to robocalls and robotexts

Outbound calls. Effective April 11, 2025

A consumer can revoke consent to autodialed or artificial/prerecorded-voice calls by any reasonable method, such as using an automated opt-out on a call, replying "stop" to a text, or using a designated website or phone number. Callers cannot insist on one exclusive method and must honor a revocation within a reasonable time, no more than ten business days. One piece of this rule is on hold: the requirement that a revocation in response to one type of message cover all future robocalls and robotexts from that caller on unrelated matters. The FCC waived that part until January 31, 2027 and has asked for comment on changing it.

47 CFR 64.1200(a)(10); FCC Order DA 26-12 (Jan. 6, 2026). FCC Order DA 26-12, Rules and Regulations Implementing the TCPA, CG Docket No. 02-278 (released Jan. 6, 2026)

FTC Telemarketing Sales Rule: prerecorded sales calls

Outbound calls

The FTC's Telemarketing Sales Rule generally bars outbound telemarketing calls that play a prerecorded message unless the seller first has the consumer's signed written agreement (electronic signatures can count) to receive prerecorded calls from that specific seller. The agreement must be clearly requested, cannot be a condition of purchase, and must include the consumer's number. The call must let the phone ring at least 15 seconds or four rings, give the required sales disclosures within two seconds of the greeting, and then immediately offer an automated voice or keypress opt-out that adds the number to the seller's do-not-call list and hangs up. Messages left on voicemail must include a toll-free opt-out number. HIPAA health care messages are exempt from these prerecorded-message rules.

16 CFR 310.4(b)(1)(v). eCFR: 16 CFR 310.4 - Abusive telemarketing acts or practices

FTC Telemarketing Sales Rule: calling hours and required disclosures

Outbound calls

Without the person's prior consent, telemarketing calls to a residence are allowed only between 8 a.m. and 9 p.m. in the called person's local time. Outbound sales calls must promptly and truthfully disclose the seller's identity, that the purpose of the call is to sell goods or services, and the nature of those goods or services. Prize promotions need extra disclosures, including that no purchase is needed to enter or win.

16 CFR 310.4(c), (d). eCFR: 16 CFR 310.4(c)-(d)

Status of the FCC's "one-to-one consent" rule: vacated, never took effect

Outbound calls

In 2023 the FCC revised the definition of prior express written consent so that consent would have to be given to one identified seller at a time (aimed at lead-generation sites). That change never took effect. The U.S. Court of Appeals for the Eleventh Circuit vacated it (mandate issued April 30, 2025), and the FCC published a final rule on August 29, 2025 reinstating the earlier definition in 47 CFR 64.1200(f)(9). The current definition still requires a signed written agreement that authorizes "the seller" to make the calls and lists the number to be called.

Insurance Marketing Coalition Ltd. v. FCC (11th Cir. Jan. 24, 2025); FCC Order DA 25-621, 90 FR 42137 (Aug. 29, 2025); 47 CFR 64.1200(f)(9). Federal Register, 90 FR 42137 (Aug. 29, 2025), FR Doc. 2025-16641, Final rule (DA 25-621)

Proposed (not adopted): FCC AI-call disclosure rules

Outbound calls

In August 2024 the FCC proposed defining an "AI-generated call" and requiring callers to disclose AI use both when they obtain consent and at the start of each AI-voice call. It also proposed an exemption for people with speech or hearing disabilities who use AI voice tools to make calls, as long as the calls are not telemarketing. These remain proposals: the eCFR text of 47 CFR 64.1200 (current as of July 2026) contains no AI-specific provision. The existing artificial-voice rules still apply to AI-voice calls under the 2024 declaratory ruling.

Notice of Proposed Rulemaking, CG Docket No. 23-362, FCC 24-84, 89 FR 73321 (Sept. 10, 2024). Federal Register, 89 FR 73321 (Sept. 10, 2024), FR Doc. 2024-19028, Proposed rule

Call recording consent

Most AI receptionists record and transcribe calls. Most states let one party to a call consent to recording. 9 require everyone on the call to consent: California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington. In 5 more (Connecticut, Delaware, Michigan, Nevada, Oregon), it depends on the situation.

See the rule and statute for each state

Laws on telling people they're talking to an AI

StateLawWhat it requiresCovers voice?Status
CaliforniaBots: disclosure (B.O.T. Act) Cal. Bus. & Prof. Code 17940-17943 (Stats. 2018, ch. 892, SB 1001)It is unlawful to use a bot to communicate or interact with a person in California online with the intent to mislead them about its artificial identity, in order to knowingly deceive them about the content of the communication to encourage a purchase or sale of goods or services, or to influence a vote. There is no liability if the bot discloses that it is a bot, and the disclosure must be clear, conspicuous and reasonably designed to inform the person. The law defines a bot as an automated online account and "online" as appearing on a public-facing website, web application or digital application, so it is unclear whether an ordinary phone call is covered.UnclearIn force July 1, 2019
ColoradoColorado Artificial Intelligence Act: disclosure of an AI system to consumers Colo. Rev. Stat. 6-1-1704 (SB 24-205, as amended by SB 25B-004)A business that deploys or makes available an AI system intended to interact with consumers must make sure each consumer who interacts with it is told they are interacting with an AI system. Disclosure is not required where it would be obvious to a reasonable person that they are interacting with an AI system. Nothing in the text limits the duty to text interfaces, so voice agents appear to be covered.YesStatus not confirmed June 30, 2026
MaineRequired disclosure of use of artificial intelligence chatbot to engage in trade and commerce 10 M.R.S. 1500-DD (enacted by P.L. 2025, c. 294; reallocated from 10 M.R.S. 1500-Y)A business may not use an AI chatbot or other computer technology to deal with consumers in a way that could lead a reasonable consumer to believe they are talking with a human, unless it clearly and conspicuously tells the consumer they are not talking with a human. The law's definition of chatbot covers software that simulates human conversation through text or "aural" (spoken) communication, so it reaches voice agents. A violation is treated as a violation of the Maine Unfair Trade Practices Act.YesIn force
New YorkArtificial Intelligence Companion Models N.Y. Gen. Bus. Law 1700 to 1704 (Article 47)Operators of "AI companions", meaning AI systems designed to simulate a sustained human-like relationship with a user, must clearly and conspicuously tell users, verbally or in writing, at the start of an interaction that they are not communicating with a human. The notice must also be repeated during ongoing interactions. The definition expressly excludes systems a business uses solely for customer service or strictly to give information about its products or services, so a typical AI receptionist or support line is likely outside it. An agent that also keeps personal memory across calls and asks unprompted emotional questions could fall within it.UnclearIn force
UtahGenerative Artificial Intelligence, Consumer Disclosures and Enforcement Utah Code 13-77-101, 13-77-103 (2025 Gen. Sess., ch. 465, S.B. 226)A business that uses generative AI to interact with someone in a consumer transaction must tell them they are interacting with generative AI and not a human if they clearly and unambiguously ask. Separately, people providing services in a state-regulated occupation must prominently disclose generative AI use in "high-risk" interactions, such as ones that collect sensitive personal information (health, financial or biometric data) or give personalized financial, legal, medical or mental health advice. That disclosure must be given verbally at the start of a spoken interaction and in writing before a written one. The law's definition of generative AI covers systems that converse through text, audio or visual communication, so it reaches voice agents.YesIn force May 7, 2025

For the wider picture on state AI laws, see AI Laws by State.

State rules for automated and telemarketing calls

Connecticut: Telemarketing (Connecticut Do Not Call and telephonic sales call rules)

  • Telephonic sales calls (which include texts) need the consumer's prior express written consent, a signed agreement that names the phone number and the means of contact, such as an automated dialing system, recorded message device or soundboard technology.
  • The definition of telephonic sales call excludes calls made in response to a consumer's request or inquiry, calls to existing customers who have not opted out, and business-to-business calls.
  • Calls only between 9 a.m. and 8 p.m. in the consumer's local time.
  • Within 10 seconds of the start of the call, the caller must say who they are, the purpose of the call, and who they are calling for, then ask whether the consumer wants to continue, end the call, or be removed from the caller's list.
  • If asked to stop, the caller must end the call within 10 seconds, remove the consumer, and not sell or share their information.
  • Caller ID may not be blocked or made misleading.

Conn. Gen. Stat. 42-284, 42-288a

Florida: Florida Telephone Solicitation Act

  • Unsolicited sales calls that use an automated system to select and dial numbers, or that play a recorded message once the call connects, need the called party's prior express written consent.
  • Prior express written consent is a signed written agreement (electronic signatures and actions like checking a box can count) for a specific number, and must say signing is not a condition of purchase.
  • "Unsolicited" excludes calls made at the person's express request, calls about an unfinished existing debt or contract, and calls to someone with a prior or existing business relationship.
  • Callers making unsolicited sales calls must promptly give their true first and last name and the business they are calling for.
  • No sales calls to numbers on Florida's no sales solicitation calls list, or to anyone who has asked not to be contacted.
  • Caller ID must not be altered to defraud or mislead.
  • People harmed can sue for actual damages or $500 per violation, whichever is greater, and up to triple for willful or knowing violations. For text messages, the person must first reply "STOP" and give the sender 15 days to stop.

Fla. Stat. 501.059 (2026)

Florida: Florida Telemarketing Act (calling hours and call frequency)

  • Commercial telephone solicitation calls, including automated or recorded calls, may not be made before 8 a.m. or after 8 p.m. in the called person's time zone.
  • No more than three commercial telephone solicitation calls to the same person in a 24-hour period on the same subject, regardless of which phone number is used.

Fla. Stat. 501.616(6) (2026)

Idaho: Idaho Telephone Solicitation Act

  • Messages delivered by an automatic dialing-announcing device (prerecorded or synthesized voice) must state at the start who the message is for, its purpose, and the caller's contact information.
  • Telephone solicitors may not refuse to end a call immediately when asked, or harass or intimidate the person called.
  • Solicitors may not use any device or method to block or mislead the recipient about the caller's identity.
  • Idaho keeps a no telephone solicitation contact list; violations are treated as unfair or deceptive practices under the Idaho Consumer Protection Act, and sales made in violation can be void.

Idaho Code 48-1001 to 48-1010

Maine: Automated telephone solicitation

  • Solicitation calls using an automated calling device or an artificial or prerecorded voice are barred to Maine residential, cell and paging numbers, as well as emergency and certain other lines, unless an exception applies.
  • Exceptions include calls with the recipient's prior, written, express consent, calls responding to a call the recipient started, and messages about purchases, deliveries, reservations or business hours.
  • Automated solicitation calls are limited to weekdays from 9 a.m. to 5 p.m. Maine time, with no more than one completed call to the same number in any 8-hour period.
  • The device must disconnect within 5 seconds after the called party hangs up, and the caller must give the organization's name, address and phone number within the first minute.
  • Callers must keep transcripts of solicitation messages for 24 months; violations are unfair trade practices.

10 M.R.S. 1498

Maine: Telephone solicitation

  • Telephone solicitors must immediately give their real first and last name and the business they are calling for.
  • No calls to numbers that have been on the national or state do-not-call registry for at least 3 months; solicitors must also check the reassigned numbers database.
  • Exempt calls include those made at the express request of the person called, calls about an existing unfinished debt or contract, and calls to people with an established business relationship.

10 M.R.S. 1499-B

Minnesota: Automatic dialing-announcing devices; time-of-day limit

  • An automatic dialing-announcing device (one that dials automatically and plays a prerecorded or synthesized voice message) may be used only if the subscriber knowingly or voluntarily requested, consented to, permitted or authorized the message, or a live operator first gets the subscriber's consent.
  • Exceptions include school district messages, messages to people with a current business or personal relationship with the caller, and employee work-schedule messages.
  • When a live operator introduces the message, the operator must first disclose who the call is for, its purpose, the goods or services, and whether money or a financial commitment is sought.
  • The device must disconnect within ten seconds after the subscriber hangs up.
  • No automatic dialing-announcing device use and no commercial telephone solicitation (live or automated) before 9 a.m. or after 9 p.m.

Minn. Stat. 325E.26 to 325E.31

Nebraska: Automatic Dialing-Announcing Devices Act

  • Using an automatic dialing-announcing device for telephone solicitations requires a permit from the state commission ($500 per device, valid two years).
  • Solicitation calls to residential lines using such a device may not be made before 8 a.m. or after 9 p.m. at the called person's location, and the caller must keep a do-not-call list with a written policy and trained staff.
  • Recorded solicitation messages must identify the caller at the start and give a phone number (not the device's) or address during or after the message.
  • The device must release the called person's line within five seconds after they hang up.
  • Non-solicitation automated messages require registration (no fee), must identify the sender, and may be sent only between 8 a.m. and 9 p.m., with exemptions for schools, established relationships, employee schedules and political subdivisions.

Neb. Rev. Stat. 86-236 to 86-257

New York: Telemarketing sales call rules

  • Telemarketing calls only between 8 a.m. and 9 p.m. at the customer's location, unless the customer expressly agreed to another time.
  • Within 30 seconds of the start of the call, the caller must give the caller's and seller's names, the option to be added to the seller's do-not-call list, whether the call is being recorded, the purpose of the call, and which goods or services carry a fee.
  • Prerecorded telemarketing calls need the customer's prior written, express agreement to receive calls from that specific seller, with the customer's number and signature; it cannot be a condition of purchase.
  • Prerecorded calls must offer an automated opt-out that adds the number to the seller's do-not-call list and ends the call; voicemail messages must give a toll-free opt-out number.
  • No unsolicited telemarketing calls to numbers that have been on the do-not-call registry for 31 days, or into areas under a declared state of emergency.

N.Y. Gen. Bus. Law 399-z

New York: Automatic dialing-announcing devices

  • A message played by an automatic dialing-announcing device must state, at the start, the nature of the call and who it is being made for, and at the end, that party's address and phone number.
  • The device must disconnect when either party ends the call.
  • Devices may not use random or sequential number generators, and may not call emergency lines, certain health care facilities, or law enforcement.
  • Caller ID may not be blocked; people can sue for actual damages or $50, whichever is greater.

N.Y. Gen. Bus. Law 399-p

South Carolina: South Carolina Telephone Privacy Protection Act

  • Telephone solicitations only between 8 a.m. and 9 p.m. at the consumer's location, unless the consumer gave prior written consent.
  • At the outset of the call, the caller must give their first and last name and who they are calling for, and promptly give a contact number and address, the purpose of the call, and the option to join the company's do-not-call list.
  • If no live agent is available within two seconds of the greeting, a prerecorded message must identify the call as a solicitation, name the sponsor, give a number for do-not-call requests, and offer an automated opt-out that ends the call.
  • No calls to people who asked the seller not to call (honored for at least five years) or to numbers on the National Do Not Call Registry.
  • Caller ID must not be misleading, may not display a South Carolina area code without a physical presence in the state, and must transmit a phone number.
  • Consumers can sue for actual losses plus $1,000 per violation, up to $5,000 per violation if willful, plus attorney fees.

S.C. Code 37-21-10 et seq.

Washington: Telephone solicitation

  • Telephone solicitations may not be received before 8 a.m. or after 8 p.m. local time.
  • Within the first 30 seconds, the caller must give their name, the company or organization they represent, and the purpose of the call.
  • If the called person indicates they want the call to end, the caller must hang up within 10 seconds.
  • If asked not to call again, the caller must stop soliciting that number for at least one year and may not sell or pass on the person's information.
  • No telephone solicitations to numbers on the federal Do Not Call registry.
  • People harmed by repeated violations can sue; courts award at least $1,000 per violation plus attorney fees.

RCW 80.36.390

Washington: Automatic dialing and announcing devices

  • No one may use an automatic dialing and announcing device (equipment that dials automatically and plays a recorded or artificial voice message once connected) for commercial solicitation of Washington telephone customers.
  • The statute text contains no consent or prior-relationship exception for commercial solicitation.
  • A violation is an unfair or deceptive act under Washington's Consumer Protection Act; injured people can recover actual damages or $1,000 per violation, whichever is greater.

RCW 80.36.400

Check your vendor

Each vendor profile shows whether the vendor says its agent discloses that it's an AI, and for outbound tools, whether it supports consent records, do-not-call scrubbing and calling-hour limits. Compare AI outbound calling tools.