AI voice agents represent powerful business tools, yet United States regulations (TCPA/FCC) demand careful attention.
Understanding the Regulatory Landscape
The Core Rule: Under US law, AI voice calls qualify as "robocalls." This classification triggers regulatory requirements, though B2B communications receive more flexibility than consumer-directed calls under TCPA and FCC regulations.
When B2B Use Is Generally Permissible
Companies can typically deploy AI voice for B2B purposes without prior written consent when:
Targeting verified business landlines or public agency numbersCommunication serves informational purposes:Meeting schedulingContact identificationInformation sharingSurveysAvoiding personal mobile or residential numbersImportant: Direct sales pitches and telemarketing calls require explicit consent first.
Scenarios Requiring Explicit Consent
Consent becomes mandatory for:
Consumer-directed (DTC) marketing or sales calls to personal/residential linesTelemarketing involving direct sales pitches or offersMobile number outreach, even for B2B contextsPre-Launch Compliance Checklist
Before initiating US-directed AI voice campaigns:
1. List Verification
Confirm targets are business landlines or public agency numbersRemove personal mobile/residential entriesCheck internal do-not-call lists2. Purpose Definition
Determine whether the primary objective is informational or telemarketingStop if direct sales pitches are intended3. Script Review
Ensure AI agent language complies with guidelinesMaintain professional, clear communication aligned with stated informational goals4. Opt-Out Setup
Confirm the AI agent clearly presents opt-out mechanismsInclude human escalation optionsTest functionality5. Transparency Consideration
Decide whether including disclosures about AI voice technology usage enhances compliance posture6. Human Handoff Readiness
Establish processes for recipient requests to speak with representativesScript Guidelines: Compliant Practices
DO:
Clearly articulate call purposesFocus on meeting scheduling or identifying appropriate contactsOffer valuable information resourcesPresent clear opt-out and human escalation optionsIdentify your companyConsider brief AI technology disclosuresMaintain professional, respectful toneDON'T:
Make direct sales pitches or attempt deal closure within AI callsDiscuss pricing or specific commercial offersContact personal mobile or residential numbers without explicit prior written consentMisrepresent calling purposes or caller identityEmploy deceptive tactics such as caller ID spoofingObstruct opt-out or human contact optionsCall National Do Not Call Register numbers without documented exemptions and consentImportant Disclaimer
This content provides general information only and does not constitute legal advice. Consult with qualified legal counsel before implementing AI voice calling programs.
Regulatory compliance applies to all businesses calling US numbers, regardless of origin. Compliance isn't just about avoiding fines—it's about building trust with the businesses you're reaching.
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