FCC AI Robocall: Scope and Consent Requirements
Scope and Consent Requirements [FCC 24-17]
Citation: FCC 24-17 (Declaratory Ruling), 47 USC 227(b) (TCPA restrictions)
Q: Do I need consent to make phone calls with AI-generated voices? A: Yes. AI-generated voices are “artificial” under TCPA, so you need prior express consent before making such calls [FCC 24-17].
Key rule (FCC 24-17): Voice cloning and AI-generated speech fall within TCPA’s prohibition on “artificial or prerecorded voice” messages. All TCPA consent and disclosure requirements apply.
Rule: AI agents making phone calls must have prior express consent from the recipient, identify themselves, and provide opt-out mechanisms for telemarketing.
What’s Covered [FCC 24-17]
The FCC ruling clarifies that these technologies are “artificial” under TCPA:
| Technology | Covered? | Rationale |
|---|---|---|
| Voice cloning | Yes | Artificially simulates human voice |
| AI-generated speech | Yes | Person is not actually speaking |
| Text-to-speech | Yes | Artificial voice generation |
| Deepfake voices | Yes | Clones real person’s voice |
| Human speaking live | No | Not artificial or prerecorded |
“Voice cloning falls within the TCPA’s existing prohibition on artificial or prerecorded voice messages because this technology artificially simulates a human voice.”
Consent Requirements [47 USC 227(b)]
Prior Express Consent
For non-telemarketing AI voice calls:
- Must have prior express consent from recipient
- Consent can be oral or written
- Must be obtained before the call
Prior Express Written Consent
For telemarketing AI voice calls:
- Must have prior express written consent
- Must clearly authorize telemarketing calls
- Required since October 2013
Exceptions
| Exception | Applies? |
|---|---|
| Emergency calls | Yes — no consent needed |
| Debt collection | Partial — some exceptions |
| Healthcare reminders | Partial — informational only |
| Political calls | Yes to landlines, no to cell phones |
Disclosure Requirements [47 CFR 64.1200]
When making AI voice calls, you must:
At Start of Call
| Requirement | Timing |
|---|---|
| Identify the caller | Beginning of message |
| Provide phone number | During message |
For Telemarketing Calls
| Requirement | Timing |
|---|---|
| All above disclosures | Beginning |
| Opt-out mechanism | Within 2 seconds of disclosures |
Opt-Out Requirements
- Must provide automated opt-out option
- Opt-out must be available throughout the call
- Must honor opt-out requests
Penalties [47 USC 227(c), (g)]
| Violation Type | Penalty |
|---|---|
| Per violation | $500 minimum |
| Willful violation | Up to $1,500 (treble damages) |
| Caller ID spoofing | Up to $10,000 per violation |
Who Can Enforce
| Enforcer | Authority |
|---|---|
| FCC | Federal enforcement, forfeitures |
| State Attorneys General | Civil actions under 47 USC 227(g) |
| Private citizens | Private right of action |
Why This Matters for AI Agents
If your AI agent makes phone calls:
- You need consent — Prior express consent before calling
- You must disclose — Identify yourself at the start
- You must offer opt-out — For any telemarketing
- Penalties are real — $500-$1,500 per call adds up fast
Example: AI Agent Booking a Restaurant
❌ Violation: AI calls restaurant without disclosing it’s AI, user didn’t consent to AI calling on their behalf
✅ Compliant: User consents to AI making calls → AI calls restaurant → AI identifies itself at start → Call proceeds
Agent Checklist
Before making an AI voice call:
- Do I have prior express consent from the recipient?
- For telemarketing: Do I have written consent?
- Will I identify the caller at the start?
- Will I provide a callback number?
- For telemarketing: Will I offer opt-out within 2 seconds?
- Is this an emergency (only exception to consent)?
Related
- Back to FCC AI Robocall overview
- TCPA (Full Statute) — Complete TCPA coverage
- California Bot Disclosure — Online disclosure requirements