TCPA: AI-generated voices are 'artificial or prerecorded' calls
United States (federal) · 47 U.S.C. § 227; 47 C.F.R. § 64.1200; FCC Declaratory Ruling, FCC 24-17 (released Feb 8, 2024) · effective 2024-02-08
Summary
The FCC ruled that calls using AI-generated voices are 'artificial or prerecorded voice' calls under the TCPA. They need the called person's prior express consent unless there is an emergency purpose or an exemption, and the message must identify who is responsible for the call at the start. In 2024 the FCC also proposed an AI disclosure at the start of these calls (FCC 24-84), but the current rule text has none.
Who must comply
Anyone placing AI-voice calls to U.S. residential or mobile numbers.
What you must disclose
State clearly who is responsible for the call at the beginning of the message, and give a phone number during or after it. A federal AI-voice notice is proposed, not required. California has its own rule.
When: At the beginning of the message.
Other duties
- Get prior express consent, in writing for telemarketing.
- Place telephone solicitations only between 8am and 9pm at the called person's location.
- Offer an automated opt-out in telemarketing messages, and honor a request to revoke consent within a reasonable time, at most ten business days.
Exemptions
- Calls for an emergency purpose.
- Calls exempted by the statute or FCC rule.
Penalties
In private suits, $500 per call or actual loss if greater, up to three times that if willful or knowing, with no cap in the statute. FCC forfeitures are separate.