Compliance

AI calls to leads: consent and disclosure

In February 2024 the FCC ruled that AI-generated voices count as artificial voices under the Telephone Consumer Protection Act, so calls using them need the called person’s consent first, and written consent when the call is telemarketing. Whether and how to disclose the AI also varies. Have counsel approve your consent wording and script.

Key takeaways

  • The FCC’s February 2024 ruling treats AI-generated voices as artificial voices under the TCPA.
  • Consent is needed before the call: written consent when it is advertising or telemarketing, per summaries of the ruling.
  • Put clear, counsel-approved consent wording next to the submit button.
  • Tell people it is an AI, give an opt-out, and keep records. Current rules and state laws can differ, so check.

What did the FCC decide?

In February 2024 the Federal Communications Commission issued a declaratory ruling that calls using AI-generated voices are “artificial” voices under the Telephone Consumer Protection Act (TCPA). Law firm summaries of the ruling say that means the caller needs the called person’s prior express consent, and prior express written consent when the call introduces an advertisement or is telemarketing. They also describe identification and opt-out expectations.

These pages summarize the ruling; they are not the order text. Rules and court decisions have continued to develop, so ask counsel what applies today.

How does this apply to a lead who just sent your form?

When someone submits your firm’s ad form, the form can capture their agreement to be contacted. The wording is the part that matters. The call should match what the form said: who will call, by what means, and that the call may use an AI voice.

  • That the person agrees to be contacted by your firm, or on its behalf, at the number given.
  • That the call or text may use an automated or AI-generated voice.
  • How to stop contact at any time.
  • That agreeing is not required to get legal help, if that is true for your firm.

Have your counsel write or approve the exact words. SouthSeas Marketing’s assistant is set up around wording your firm approves. See the AI intake compliance guide.

Do you have to tell people it is an AI?

Summaries of the ruling mention identification and disclosure requirements, and several states have their own rules on automated callers. Even where nothing requires it, opening the call with a plain statement such as “This is an automated assistant calling for the firm” avoids misleading anyone, and fits Model Rule 7.1’s ban on misleading communications.

What records should you keep?

  • The form wording in effect on the date each lead submitted it.
  • The time of submission, the time of the call and its outcome.
  • Opt-out requests, and proof they were honoured across all systems.
  • The script version used, with the date counsel approved it.

What should the AI never do?

It should not give legal advice, promise outcomes or judge a case. Its job is to gather basic facts and hand the lead to a person on your team. Anything urgent or sensitive should go straight to a human.

Want this worked out for your firm? The free 20-minute growth audit looks at your ads and how new leads are handled today, and you keep the written plan. Book my free growth audit.

Questions

Common questions

The FCC’s February 2024 ruling treats AI-generated voices as artificial voices under the TCPA. Summaries say calls to mobile numbers need prior express consent, and prior express written consent when the call is advertising or telemarketing. Your counsel should say which applies to your calls.

Summaries of the FCC ruling mention identification and disclosure requirements, and some states regulate bots. Telling people at the start of the call that they are speaking with an AI assistant is a simple, honest practice. Ask counsel about your state.

Consent wording should be clear, near the submit button, and approved by your counsel. It should say the person agrees to be contacted, including by an automated or AI-voiced call, and how to stop.

Summaries of the ruling say marketing calls need an easy opt-out. Build one into every call and honour it in every system.

Sources and notes

  1. Orrick, FCC ruling determines AI calls are subject to TCPA regulations (Feb. 16, 2024) — law firm summary; not the order text
  2. Fenwick, Telemarketing in the age of AI: the FCC’s latest ruling — law firm summary; not the order text

Please note. General information for law firms, not legal advice. Rules differ by state and change. Have your firm’s ethics counsel confirm what applies to you before you act.

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