What is the TCPA?

Definition

TCPA is the US federal law, 47 U.S.C. 227, that limits calls made with an autodialer or an artificial or prerecorded voice, and telemarketing calls. The FCC has ruled that AI-generated voices are artificial voices, so voice agent calls fall under it.

What it covers

The Telephone Consumer Protection Act of 1991 is codified at 47 U.S.C. 227. The Federal Communications Commission (FCC) writes the implementing rules in 47 CFR 64.1200. Three questions sit inside it, and a single call can raise one, two or all three. The first is how a call is made: with an automatic telephone dialing system or an artificial or prerecorded voice (section 227(b)). The second is what the call is for, because telemarketing is treated more strictly than an informational call. The third is whether the number is on a do-not-call list, which is a separate rule set covered under do-not-call list.

In February 2024 the FCC adopted a declaratory ruling (FCC 24-17) confirming that the restrictions on an artificial or prerecorded voice cover current AI technologies that generate human voices. The ruling applies to a wholly synthetic voice and to one that resembles a real person’s voice taken from an audio clip. A call placed by a voice agent is therefore a call with an artificial voice.

What it requires

The rules below are summarized from the statute, the ruling and the eCFR text as read on the review date. Consent and revocation rules in this area have been amended and litigated, so read the current text rather than a summary.

Section 227(b)(1)(A) bars calls using an autodialer or an artificial or prerecorded voice to listed lines, including cellular numbers and emergency and hospital lines, unless the called party gave prior express consent or the call is for an emergency purpose.
Section 64.1200(a)(2) requires prior express written consent when such a call includes or introduces an advertisement or is telemarketing. Paragraph (f)(9) defines it as a signed agreement that names the seller and the number, with a disclosure that signing is not a condition of buying anything.
Section 64.1200(a)(3) sets the matching rules for residential lines and lists exemptions, such as emergency calls and certain non-commercial calls.
Section 64.1200(b) requires an artificial or prerecorded message to state clearly, at the beginning, the identity of the entity responsible for the call, and to give a callback number during or after it. Section 64.1200(b)(3) also requires an automated, interactive voice or key-press opt-out mechanism on artificial or prerecorded telemarketing messages.
Section 64.1200(a)(10) lets a called party revoke consent by any reasonable method, and treats a key press or automated opt-out on the call as reasonable.
Section 227(b)(3) gives recipients a private right of action for actual loss or $500 per violation, whichever is greater. A court may raise that award up to three times for willful or knowing violations.

What it means for a voice agent

An outbound call by an AI agent needs the consent that its call type requires before the dial, so the consent record has to exist first and has to name this seller, this number and this kind of call. A checkbox captured for a different company may not cover you.

The opening line has to identify who is calling. The agent also has to treat a spoken request to stop as a revocation, in whatever words the person uses, and that request has to reach every dialing list and every vendor quickly. See outbound calling and batch calling for how campaigns are run.

Saying the call is automated is a separate question from consent. See AI disclosure. For the sales side, the guide on AI cold calling walks through a campaign.

Questions to ask counsel

Which of our calls count as telemarketing, which are informational, and what consent does each need?
Does the consent we hold cover this seller, this number and this call type, and where is the record kept?
How fast must a spoken opt-out reach every list, and who is liable if a vendor misses it?
Do callbacks, transfers and calls triggered by an inbound inquiry count as calls we initiated?
Which state laws add consent, registration or calling-hour rules on top of the federal ones?

Guides

AI cold calling: what it is and how to build one

Use cases

Sources

This page is general information, not legal advice. Rules differ by country, state and use case, and they change. Check the linked sources and ask qualified counsel before you rely on it.

Last reviewed October 19, 2026