Is AI cold calling legal?
By Ben Broch, Founder of SalesEcho · Updated
The US rules in 60 seconds
Four rules cover almost every AI sales call. Each one cites the regulation it comes from.
- 1
Get consent first
An AI voice counts as an artificial voice. Sales calls with one need prior express written consent.
FCC 24-17; 47 CFR 64.1200(a)
- 2
Say who's calling
Artificial-voice calls must name the business at the start and give a number to call back.
47 CFR 64.1200(b)
- 3
Make opting out easy
Sales calls with an artificial voice must offer an automated opt-out, and you must honor it fast.
47 CFR 64.1200(b)(3)
- 4
Check Do Not Call
Sales calls to numbers on the National Do Not Call Registry need consent or an existing relationship.
47 CFR 64.1200(c)
What's low risk, and what isn't
- ✅ Low risk
AI that coaches a human seller live
A person is talking, so artificial-voice rules don't apply. Call-recording consent laws still do.
- ✅ Low risk
An AI agent on calls the buyer asked for
Inbound calls, booked demos, and follow-ups with consent on record. Disclose that it's an AI.
- ⚠️ Get advice
AI calls to business landlines
Often outside the TCPA's artificial-voice rule, but most B2B buyers answer on a cell phone, and state laws vary.
- ❌ High risk
Mass AI cold calls to cell phones
No written consent means up to $1,500 per call, and calls add up fast.
- ❌ High risk
Cloning a real person's voice
Exactly what the FCC ruling targets, and a growing list of state laws too.
Do you have to say it's an AI?
Federally, a disclosure rule has been proposed but isn't final. Some states already require it, and the list is growing. The simple answer: say it in the first line.
Hi Tom, Rocky here, an AI rep calling for SalesEcho. You booked a call with us. Is now still good?
Oh, an AI? Sure, go ahead.
AI cold calling law questions
Is AI cold calling illegal?
Not by itself. It's illegal in the US to make AI-voice sales calls to cell phones or home phones without the person's prior express written consent. The FCC confirmed in February 2024 that AI-generated voices count as artificial voices under the TCPA, so the same rules as robocalls apply.
Does the TCPA apply to B2B AI calls?
Often, yes. The TCPA's artificial-voice rules for cell phones apply no matter who you're selling to, and many business buyers answer on a cell phone. Calls to business landlines are generally outside the artificial-voice rule, but state laws can still apply.
What are the penalties for illegal AI calls?
Under the TCPA, people can sue for $500 per illegal call, or up to $1,500 per call if the violation was willful or knowing. Because damages are per call, an AI dialing thousands of numbers can create very large exposure.
Do I have to tell people they're talking to an AI?
Federal rules already require artificial-voice calls to identify the business at the start. A federal AI-disclosure rule was proposed in 2024 but isn't final. Some states add their own rules: California requires automated calls with an artificial voice to say so, and Utah requires you to answer honestly if someone asks whether they're talking to an AI. Disclosing in the first line is the safe default.
Is it legal to use an AI sales assistant on my calls?
Yes. When an AI coaches you on screen and you do the talking, it isn't an artificial-voice call. If the call is recorded or transcribed, follow call-recording consent laws, which require everyone's consent in some states.
Is it legal for an AI to answer inbound sales calls?
Generally yes. The TCPA's robocall rules are about calls you make, not calls you receive. Some state laws still require you to disclose the AI, so say so up front.
Sources
- FCC Declaratory Ruling 24-17 (Feb 8, 2024): AI voices are "artificial" under the TCPA
- 47 U.S.C. § 227: the Telephone Consumer Protection Act
- 47 CFR § 64.1200: the FCC's telemarketing and robocall rules
This page is general information about US federal rules, not legal advice. State laws differ and change often. Talk to a lawyer before running AI calls in your market.
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