Can an AI Agent Legally Call Your Leads? What the FCC Ruling Means for Your Business

The Short Answer

Yes, an AI agent can call your leads, as long as those leads gave you prior express consent to be called that way. On February 8, 2024, the FCC unanimously adopted a Declaratory Ruling that AI-generated voices are "artificial" voices under the Telephone Consumer Protection Act (TCPA). That means the same consent rules that apply to prerecorded calls apply to AI voice calls (Akin Gump summary, Mayer Brown).

The ruling did not ban AI calls. It confirmed that existing TCPA rules cover them. Headlines that said "AI robocalls are now illegal" left out the part about consent.

Where Consent Comes From

For most local businesses, consent comes from the lead form. When someone fills out your form or Facebook lead ad, the fine print under the submit button is what says they agreed to be contacted. Three things we check on every client's form:

• Your business is named. A common problem we find is consent text copied from a template that still names a different company. That consent covers them, not you.
• The channels are listed. Phone calls, text messages and email, including automated or AI technology.
• Consent is not a condition of purchase, and texts include STOP and HELP instructions.

Calls That Need More Care

• Old lists: people who gave consent years ago, or to a different business, are a risk. Don't load a bought list into an AI dialer.
• People who opt out: when someone says stop, the system has to tag them and stop every channel, not only the one they replied on.
• Inbound calls: an AI agent answering a call someone made to you is a different situation from calling out. Inbound answering carries far less consent risk.

How We Run It

Our AI voice agents call only leads who filled out a form with consent language naming the business. Every opt-out is tagged and honored across calls and texts, and every call is logged with a summary in the CRM. If you want to check your own setup, start with the fine print on your form, then read what AI voice agents cost.