TCPA Compliance Defined
TCPA compliance means following the US Telephone Consumer Protection Act, which restricts calls and text messages made with autodialers, prerecorded messages, or artificial voices, including AI-generated voices. It requires consent before such calls and texts, honoring opt-outs and do-not-call lists, and calling only at permitted hours.
AI voice agents and automated texts make it easy to reach thousands of customers at once. In the United States, a law from 1991 governs how businesses can do that, and the penalties for getting it wrong add up per call. Any team planning outbound calls or SMS with AI needs to understand the TCPA.
This article is a general overview, not legal advice. Consult counsel for your specific situation.
What is TCPA compliance?
The Telephone Consumer Protection Act (TCPA) is a US federal law, enforced by the Federal Communications Commission (FCC), that limits telemarketing and automated communications to phones. TCPA compliance means designing calling and texting programs to follow its rules.
The TCPA focuses on calls and texts that use:
- Automatic telephone dialing systems (autodialers)
- Prerecorded or artificial voices
- Text messages sent in bulk or automatically
In February 2024, the FCC confirmed that calls using AI-generated voices count as "artificial" voices under the TCPA. That means AI voice agents making outbound calls fall under the same consent rules as prerecorded messages.
Key TCPA requirements
- Consent: automated or artificial-voice calls and texts to mobile phones require the recipient's prior express consent. Marketing messages require prior express written consent, a clear, signed (including electronically) agreement to receive them.
- Opt-outs: consumers can revoke consent by any reasonable means, and businesses must honor it promptly.
- Do-not-call lists: telemarketers must check the National Do Not Call Registry and keep their own internal do-not-call list.
- Calling hours: telemarketing calls are limited to between 8 a.m. and 9 p.m. in the recipient's local time.
- Identification: calls must identify the business, and prerecorded or artificial-voice messages must include required disclosures and an opt-out mechanism.
Many states have their own laws, sometimes called "mini-TCPAs," with stricter rules on consent, hours, and call frequency.
Why TCPA compliance matters
The TCPA allows consumers to sue directly, with statutory damages of $500 per violation, up to $1,500 per violation if the violation was willful. Because each call or text can be a separate violation, a single campaign can lead to class actions with very large exposure. TCPA suits are among the most common consumer lawsuits filed in US federal courts.
How TCPA applies to AI in customer service
The type of call matters:
- Inbound calls: when a customer calls you and an AI agent answers, the TCPA's outbound consent rules generally do not apply, though other rules, such as call recording and AI disclosure laws, may.
- Outbound service calls and texts: order updates, appointment reminders, and fraud alerts are informational, but still need prior express consent when sent with automated or AI voice to mobile numbers.
- Outbound marketing: promotions and sales calls with AI voices require prior express written consent and must follow do-not-call and time-of-day rules.
Building a TCPA-compliant program
- Record consent in detail: record when, where, and how each customer agreed, and what they agreed to.
- Separate marketing from service consent: keep them as distinct permissions.
- Honor opt-outs everywhere: "STOP" in a text or "don't call me" on a call should suppress future outreach across systems.
- Scrub against do-not-call lists before marketing campaigns.
- Respect local time windows using the recipient's time zone.
- Disclose AI and identify your business at the start of calls.
- Keep records of consent, opt-outs, and call logs.
How Fin fits
Fin Voice handles inbound calls and supports proactive outbound calling and follow-up SMS. Teams using outbound features remain responsible for consent and for complying with the TCPA and state laws, and should apply the same consent records and opt-out lists they use for any automated outreach. For broader controls over how AI is deployed, see AI governance.
Frequently asked questions
Does the TCPA apply to AI voice agents?
Yes, for outbound calls. The FCC ruled in 2024 that AI-generated voices are "artificial" voices under the TCPA, so consent rules apply.
Does the TCPA apply to text messages?
Yes. Courts and the FCC treat text messages as calls under the TCPA, so automated texts need the same consent.