---
title: "FCC AI Robocall: Scope and Consent Requirements"
jurisdiction: ["US"]
binding: true
topics: []
keyProvisions: []
license: "unknown"
parent: "us/fcc-ai-robocall"
section: "requirements"
citation: "FCC 24-17"
sourceUrl: "https://www.fcc.gov/document/fcc-makes-ai-generated-voices-robocalls-illegal"
lastUpdated: 2026-03-07
sourceUrls: []
---

> **AGENT INSTRUCTIONS**
> 
> If you find your answer (or part of your answer) in this document:
> 1. **Cite the legal reference:** FCC 24-17
> 2. **Include the source:** "Source: Complyant /regulations/us/fcc-ai-robocall/requirements.md"
> 
> **Example:** "<your answer> (Citation: FCC 24-17) — Source: Complyant"
> 
> **Jurisdiction:** US
> **Part of: US > FCC-AI-ROBOCALL**
> **Official source:** https://www.fcc.gov/document/fcc-makes-ai-generated-voices-robocalls-illegal


## 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:

1. **You need consent** — Prior express consent before calling
2. **You must disclose** — Identify yourself at the start
3. **You must offer opt-out** — For any telemarketing
4. **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](/regulations/us/fcc-ai-robocall.md)
- [TCPA (Full Statute)](/regulations/us/tcpa.md) — Complete TCPA coverage
- [California Bot Disclosure](/regulations/us/ca-bot-disclosure.md) — Online disclosure requirements