Is it legal for AI to call prospects?
Short answer: It can be legal, but the rules are strict.
In the US, the FCC ruled in February 2024 that AI-generated voices count as "artificial" voices under the TCPA. Calls to cell phones generally need prior consent, and telemarketing calls need prior express written consent. In Australia, telemarketing must follow the Do Not Call Register and the telemarketing industry standard, and marketing texts and emails need consent under the Spam Act.
The details and sources
- US: FCC Declaratory Ruling FCC 24-17 (8 Feb 2024): https://docs.fcc.gov/public/attachments/FCC-24-17A1.pdf ; FCC guide ("AI-generated voice calls are illegal unless the consumer has agreed to receive them or the caller is exempt"): https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts
- Australia: Do Not Call Register rules for businesses: https://www.donotcall.gov.au/industry/industry-overview/using-the-register/ ; telemarketing standard (calling hours, identification): https://www.donotcall.gov.au/industry/industry-overview/industry-standards/ ; Spam Act 2003: https://www.legislation.gov.au/C2004A01214/latest
- Good practice: answering inbound calls with AI is lower risk than cold calling. For outbound calls, only call people who opted in with clear consent wording, say who is calling, and let them opt out.
- This is general information, not legal advice. Check with a lawyer for your situation.
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