Compliance guide · Not legal advice
Is AI cold calling legal?
Short answer: it can be, if you have the right kind of consent for who you're calling. AI voices are treated like prerecorded calls under federal law, and the fines are per call. Here is how the rules break down. This is a plain-English summary, not legal advice; talk to a lawyer about your situation.
AI voices are "artificial voices"
In February 2024 the FCC issued a declaratory ruling (FCC 24-17) that voices generated by AI count as "artificial" voices under the Telephone Consumer Protection Act (TCPA). So every rule that applies to robocalls and prerecorded messages applies to AI callers too, even ones that hold a real conversation. Violations carry statutory damages of $500 per call, up to $1,500 if willful, and class actions are common.
Who you call decides what consent you need
| Calling… | With an AI voice, to sell something | With an AI voice, not selling (e.g. a reminder) |
|---|---|---|
| A cell phone (including a business owner's cell) | Prior express written consent | Prior express consent |
| A home landline | Prior express written consent | Limited exemptions; consent is the safe route |
| A business's main landline | Not covered by these federal consent rules; check state law | Not covered by these federal consent rules |
"Written consent" means a signed agreement (an online form with a checkbox and e-signature counts) that clearly says the person agrees to get marketing calls or texts from you, using an automated system or artificial voice, at that number. Many small business owners use their cell as their business number, which puts them in the first row.
Texts count as calls
The TCPA treats texts as calls, so marketing texts to cell phones generally need consent too. Several states have their own, stricter "mini-TCPA" laws (Florida and Oklahoma among them). Carriers separately require business texting to be registered (10DLC) and to honor opt-out keywords like STOP.
Email is different
Cold email in the U.S. is governed by CAN-SPAM, which doesn't require consent up front. It requires honest sender and subject lines, your physical address, and a working unsubscribe you honor within 10 business days. That's why email is usually the right first touch for people who haven't opted in.
Calling hours and Do Not Call
- Telemarketing calls to homes and personal phones are only allowed between 8am and 9pm in the recipient's time zone.
- Numbers on the National Do Not Call Registry can't get telemarketing calls without consent or an existing business relationship. The FTC's rules mostly exempt calls to businesses, but a business owner's cell phone can still count as a personal line.
- Anyone who asks you to stop calling has to be put on your internal do-not-call list.
What changed recently
- The FCC's "one-to-one consent" rule, which would have tightened how lead forms collect consent, was struck down by a federal appeals court in January 2025 (Insurance Marketing Coalition v. FCC). The long-standing written-consent rules above still apply.
- The FCC proposed AI-specific disclosure rules in 2024. Check their current status, and your state's, before you rely on any summary, including this one.
A practical playbook
- Email anyone who hasn't opted in. It's the lowest-risk first touch.
- Call and text people who gave you consent: form fills, quote requests, customers, and leads who replied asking to talk.
- Keep proof of consent: when, where, and the exact wording they agreed to.
- Honor opt-outs immediately, on every channel.
- Call only during reasonable hours, and identify who you are and who you're calling for.
How Sara helps (and what's still on you)
- Nothing goes out until you approve it. Sara drafts every call, text and email as a proposal; you approve or reject each one (or a batch).
- She only reaches out on weekdays, inside business hours in your time zone: calls 9:00am to 4:30pm, texts and emails 9:00am to 6:00pm. Approve something at 9pm Friday and it waits for Monday morning.
- Text replies like STOP, "remove me" or "do not contact" are caught before any AI reads them, and that number is never texted again.
- Emails go out from your own Gmail or Outlook, a minute or so apart, with a daily cap per mailbox to protect your sending reputation.
- She recognizes voicemail on calls and keeps it short or hangs up instead of talking to a machine.
Sara also reminds you, in plain words, that you need a person's consent before calling or texting them. She can't verify consent for you; deciding who to contact is your call.
Sources
- FCC Declaratory Ruling FCC 24-17 (AI-generated voices under the TCPA), February 2024
- 47 CFR § 64.1200, the FCC's TCPA rules (consent, calling hours, do-not-call)
- FTC: Complying with the Telemarketing Sales Rule (Do Not Call, business-to-business exemption)
- FTC: CAN-SPAM Act compliance guide
Common questions
Is it legal to cold call with AI?
It can be, with the right consent. AI voices count as artificial voices under the TCPA, so AI sales calls to cell phones and home lines need prior express written consent. Calls to businesses' main landlines aren't covered by those federal consent rules, though state laws vary. Not legal advice.
Do I need consent to call a business with AI?
Not under the federal TCPA consent rules if you call the business's main landline. But if the number is the owner's cell phone, it is treated like calling a person, and consent is required.
Are AI text messages legal?
Marketing texts to cell phones generally need consent, because texts count as calls under the TCPA, and some states are stricter. Carriers also require registration and opt-out handling.
What is the penalty for TCPA violations?
$500 per call or text, up to $1,500 per violation if it was willful or knowing. Because it's per call, the totals add up fast, and class actions are common.
Put Sara on your list
She finds the leads, drafts every call, text and email for your approval, and books the meetings.