FCC: AI-generated voices count as “artificial” voices under the TCPA
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. In June 2025 the Supreme Court held in McLaughlin Chiropractic Associates v. McKesson Corp. (606 U.S. 146) that federal district courts are not bound by the FCC’s interpretations of the TCPA and must decide its meaning themselves, giving the agency’s view appropriate respect, so courts in private lawsuits may weigh this ruling rather than treat it as binding.
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). Checked October 15, 2026.
Consent for artificial or prerecorded voice calls to cell phones
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). Checked October 15, 2026.
Consent for artificial or prerecorded voice calls to residential lines
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). Checked October 15, 2026.
National Do Not Call Registry
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). Checked October 15, 2026.
Company-specific (internal) do‑not‑call lists
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). Checked October 15, 2026.
Federal calling hours for telephone solicitations: 8 a.m. to 9 p.m.
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). Checked October 15, 2026.
Abandoned-call limits for telemarketing
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). Checked October 15, 2026.
Identification required at the start of artificial or prerecorded voice 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). Checked October 15, 2026.
Automated opt-out for artificial-voice telemarketing and capped exempt 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). Checked October 15, 2026.
FTC Telemarketing Sales Rule: prerecorded sales 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. Checked October 15, 2026.
Revoking consent to robocalls and robotexts
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). Checked October 15, 2026.
The Telephone Consumer Protection Act (statute) and private lawsuits
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). Checked October 15, 2026.
Status of the FCC’s “one-to-one consent” rule: vacated, never took effect
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). Checked October 15, 2026.
Proposed (not adopted): FCC AI-call disclosure rules
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 (up to date as of October 20, 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. Checked October 15, 2026.