AI Cold Calling Laws in the United States

In the United States, an AI agent may only make marketing calls to cell phones and home phones when the person signed a written agreement to get calls with an artificial voice. The Telephone Consumer Protection Act (TCPA) sets this rule in 47 U.S.C. § 227, and the Federal Communications Commission (FCC) confirmed in 2024 that AI-generated voices count as artificial voices. Screening the National Do-Not-Call Registry doesn’t replace that consent. Many states add stricter rules, and people can sue for USD 500 to 1,500 per call.

This page summarizes the law as of October 2026 to help you plan AI phone calls. It isn’t legal advice. Laws and how regulators apply them change, so check your use case with a lawyer before you start a campaign.

At a glance

Call	To consumers (B2C)	To businesses (B2B)
Inbound service call	Allowed. Announce the AI and the recording.	Allowed. Announce the AI and the recording.
Outbound service call	Cell numbers: consent required, but not in writing. Home landlines: allowed, up to three calls in 30 days.	Cell numbers: consent required, but not in writing. Business landlines: allowed.
Marketing callback the person asked for	AI agent: consent required. Collect written consent with the request, for example on your web form. Human: allowed for 3 months after the request, even to registered numbers, unless the person asked you to stop.	AI agent: consent required for cell numbers, not for business landlines. Human: allowed.
Marketing call by an AI agent	Consent required. Get prior express written consent, also from existing customers.	Cell numbers: consent required, even for business numbers and existing customers. Business landlines: allowed under federal law, but not in every state.
Marketing call by a human to existing customers	Allowed. You may call registered numbers up to 18 months after a purchase or 3 months after an inquiry, unless the customer asked you to stop. Also check state lists and calling hours.	Allowed. Treat cell numbers on the registry as personal, and call them up to 18 months after a purchase.
Cold marketing call by a human	Allowed unless registered. Also check state lists and calling hours.	Allowed. Treat cell numbers on the registry as personal.

Is AI cold calling legal in the United States?

Not without consent. The TCPA bans calls “using any automatic telephone dialing system or an artificial or prerecorded voice” to any cell number without the prior express consent of the person called (§ 227(b)(1)(A)). Calls to residential landlines with an artificial voice need the same consent (§ 227(b)(1)(B)). For marketing, FCC rules raise the bar to prior express written consent (47 CFR § 64.1200(a)(2) and (a)(3)). The TCPA also binds callers outside the US when the person called is in the US. AI agents count. In its Declaratory Ruling of February 8, 2024 (FCC 24-17), the FCC confirmed that the TCPA’s restrictions on “artificial or prerecorded voice” encompass “current AI technologies that generate human voices.” It added that the TCPA allows no “carve out of technologies that purport to provide the equivalent of a live agent.” A conversational AI agent that speaks in real time is exactly that. A person in the loop doesn’t change it. The FCC relied on its earlier soundboard ruling: a live agent who picks the messages to play still makes an artificial voice call. A human who presses Dial or listens in doesn’t turn an AI call into a live call. Only a person who does the talking does. Courts decide for themselves now. Since McLaughlin Chiropractic v. McKesson (June 20, 2025), district courts aren’t bound by FCC interpretations of the TCPA. That gives defendants room to argue, but the Ninth Circuit had already counted a human-sounding voice that artificial intelligence creates as an artificial voice (Trim v. Reward Zone, cited in FCC 24-17). Treat every AI call as an artificial voice call. Businesses. The consent rule protects every cell number, including business cell phones. Business landlines aren’t covered, because § 227(b)(1)(B) only protects residential lines. Check state laws before you rely on that.

Cold calls by a human

A human may call consumers without consent if you respect the do-not-call rules and calling hours. Under the Telemarketing Sales Rule (TSR), the person must say who the seller is, that the call is a sales call, and what you’re selling, before the pitch (16 CFR § 310.4(d)). Calls to businesses are exempt from most of the TSR, except its bans on misrepresentation (16 CFR § 310.6(b)(7)). The FCC’s do-not-call rules only protect residential subscribers, but the FCC presumes that a cell number on the registry is residential (FCC 03-153, para. 36). That catches sole traders who use their personal phone for work.

Existing customers and callback requests

No customer exception for AI calls. The rules for marketing calls with an artificial voice have no exception for existing customers (47 CFR § 64.1200(a)(2) and (a)(3)). An AI agent needs written consent from customers too. A human may call a customer whose number is on the registry for 18 months after a purchase, or 3 months after an inquiry, unless the customer asked you to stop (§ 64.1200(f)(5) and (f)(15)). Callbacks. A request alone isn’t written consent. If your AI agent will sell on the callback, collect written consent in the same form. A practical route is your own ads leading to a landing page where people leave their number and agree to a call from your AI agent. A callback that only answers the person’s question needs prior express consent, which doesn’t have to be in writing. A human may call back without written consent. The request creates an established business relationship for 3 months, so the registry doesn’t block the call unless the person asked you to stop (§ 64.1200(f)(5), 16 CFR § 310.2 and § 310.4(b)(1)(iii)(B)). The FTC rule counts this window as 90 days. After that, a call to a registered number needs a signed written agreement (§ 64.1200(c)(2)(ii)). Stopping calls. People can withdraw consent by any reasonable means, including telling your AI agent. You must honor it within 10 business days (§ 64.1200(a)(10)). Under the FCC’s order of October 1, 2026 (FCC 26-67), an opt-out from one marketing call ends consent for all your marketing calls. The order also lets you name an exclusive opt-out method, if you announce it on every call. It takes effect 30 days after publication in the Federal Register.

Do-not-call register: National Do-Not-Call Registry

Question	Answer
Who runs it	The Federal Trade Commission (FTC). Consumers register at donotcall.gov, sellers access it at telemarketing.donotcall.gov.
What it covers	Personal landlines and cell numbers. Registrations don’t expire (§ 64.1200(c)(2) and (e)).
Business numbers	Most sales calls to businesses are exempt (FTC Q&A).
How often to screen	At least every 31 days (16 CFR § 310.4(b)(3))
Fees	The first five area codes are free. Each further area code costs USD 85 a year, up to USD 23,425 for all (16 CFR § 310.8). The seller must pay, and sellers can’t share access.
Your own list	Keep a written do-not-call policy and a company list. Honor requests within 10 business days and for five years (§ 64.1200(d)).

Does it matter if you have consent? A signed written agreement to get calls from you overrides a registration (§ 64.1200(c)(2)(ii)). You still need the registry for calls by a human and for any number where you can’t prove consent.

State laws

Florida, Oklahoma, and Maryland presume that a call to one of their area codes reaches a resident. Follow the strictest rule that applies to each number.

State	What to know
Florida	Written consent required for sales calls that use automated selection and dialing or a recorded message. State do-not-call list. Commercial telephone sellers need a license and may only call from 8 AM to 8 PM, three times in 24 hours per subject. USD 500 per violation, tripled if willful (§ 501.059, § 501.616).
Oklahoma	Written consent required for sales calls that use automated selection or dialing or a recorded message. Calls from 8 AM to 8 PM, three in 24 hours per subject. USD 500 per violation (HB 3168, 15 O.S. § 775C).
Maryland	Written consent required for sales calls that use automated selection or dialing or a recorded message, and the consent definition names a “recorded or artificial voice message.” Calls from 8 AM to 8 PM, three in 24 hours per subject. Some established B2B sellers are exempt from the consent rule. USD 500 per violation (Com. Law § 14-4502).
Washington	Bans devices that dial automatically and play a “recorded or artificial voice message” for unsolicited sales calls, with no B2B exception. USD 1,000 per violation (RCW 80.36.400). Calls from 8 AM to 8 PM. Say who you are, your company, and the purpose within 30 seconds (RCW 80.36.390).
Texas	Get a registration certificate before you make sales calls to people in Texas, unless an exemption applies (§ 302.101). Calls from 9 AM to 9 PM, on Sundays from noon (§ 301.051). Since September 1, 2025, consumers can sue under the Deceptive Trade Practices Act (SB 140).
California	Automatic dialing-announcing devices need a live, unrecorded introduction first, which must say if the message uses an artificial voice (Pub. Util. Code § 2874). They may only call from 9 AM to 9 PM. These rules don’t apply to calls the person asked for (§ 2872). The B.O.T. Act only covers bots online (Bus. & Prof. Code § 17941).
Utah	Say that it’s an AI when someone asks. Licensed professions must say it at the start of high-risk conversations. Saying it at the start and throughout is a safe harbor. USD 2,500 per violation (Utah Code §§ 13-77-103 to 105).
Maine	Tell consumers clearly that they aren’t talking to a human when they could think so. This covers voice (10 M.R.S. § 1500-DD).

No court has decided whether an AI agent counts as a “recorded message” or a dialing device under the Florida, Oklahoma, California, and Washington wording. Written consent that names automated calls with an AI voice covers these states. For all-party recording states, see call recording. Prior express written consent is a written agreement, signed by the person, that meets these rules (§ 64.1200(f)(9)):

Element	What it must contain
Signature	A handwritten or electronic signature valid under federal or state law
Seller	Clear authorization for your company to make marketing calls with an artificial or prerecorded voice
Number	The phone number you may call
Disclosure	A clear notice that the person authorizes such calls and doesn’t have to agree to buy anything

The TSR adds a similar rule for prerecorded sales calls (16 CFR § 310.4(b)(1)(v)), and FTC staff count recorded clips that an agent picks as prerecorded (staff letter, 2016). Keep consent records for five years (16 CFR § 310.5). Name the AI. Federal rules don’t require the words “AI” in the consent yet, but the FCC proposed it (FCC 24-84). Write it into your consent text now. Lead vendors and partners. In Insurance Marketing Coalition v. FCC (January 2025), the Eleventh Circuit vacated the FCC rule that would have limited each consent to one seller (Federal Register, August 29, 2025). One form can still cover several sellers, but it must clearly authorize your company. If you call for a partner, the consent must name the partner. Before you buy leads, ask for the exact consent text, the form, and the proof per contact. botBrains asks for consent evidence before automated campaigns. See before you start outbound campaigns.

Tell callers they’re talking to an AI

Federal rules. No federal law requires you to say “I’m an AI” yet. The FCC proposed that callers using AI-generated voices disclose it at the start of each call (FCC 24-84). As of October 2026 we found no final rule. Every artificial voice call must already (§ 64.1200(b)):

Name the business at the start. Use your company’s registered legal name. Make sure {project_name} matches it, or add it.
Give a phone number during or after the message. For marketing calls, people must be able to make do-not-call requests at that number.
Offer an opt-out on marketing calls. Within two seconds of naming the business, explain an automated voice or key press opt-out. It must add the number to your do-not-call list and end the call.

State rules. Utah, Maine, California, and Washington add disclosure rules. See state laws. Calling the EU. The EU AI Act also binds providers and deployers outside the EU whose AI output people use in the EU (Art. 2(1)(c)). If you call people in the EU, Art. 50 requires telling them they’re talking to an AI, and the EU countries’ calling laws apply. See calling laws by country. Recommended introduction for outbound marketing calls. Replace the bracketed parts:

Hello, this is {agent_name}, an AI agent calling for {project_name}. If you don't want calls from us, just say "stop calling" at any time. I'm calling to offer you [product], as you requested on [website]. This call is recorded. Press the star key at any time to stop the recording. You can reach us at [phone number]. Is now a good time?

Hola, le habla {agent_name}, un agente de inteligencia artificial que llama de parte de {project_name}. Si no desea recibir llamadas nuestras, diga "no me llamen más" en cualquier momento. Le llamo para ofrecerle [producto], como usted solicitó en [sitio web]. La llamada se graba. Pulse la tecla asterisco en cualquier momento para detener la grabación. Puede contactarnos en el [número de teléfono]. ¿Es un buen momento?

For inbound calls:

Hello, this is {agent_name} from {project_name}. I'm an AI agent. This call is recorded. Press the star key at any time to stop the recording. How can I help you?

Hola, le atiende {agent_name}, de {project_name}. Soy un agente de inteligencia artificial. La llamada se graba. Pulse la tecla asterisco en cualquier momento para detener la grabación. ¿En qué puedo ayudarle?

Edit the text under Introductions. The star key only stops the recording, so handle “stop calling” in guidance: tell the AI agent to run a Unitool that adds the number to your do-not-call list in your CRM, then end the call with end_call. We read this voice opt-out as meeting the FCC rule, but no regulator has confirmed that for AI agents. Test it before you start a campaign.

Call recording

Federal law and most states. One party’s consent is enough to record a call (18 U.S.C. § 2511(2)(d)). All-party states. California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington require every party’s consent. Nevada does for phone calls, and Connecticut does under civil law. Courts disagree about Michigan and Delaware (Reporters Committee for Freedom of the Press). Announce the recording at the start, so callers can hang up if they don’t agree. Washington’s law counts a recorded announcement as consent. When you don’t know where the person is, follow the all-party rule. AI providers. In Ambriz v. Google (February 2025), a federal court in California let a wiretapping claim proceed against an AI provider that handles calls for other businesses (Goodwin). Say at the start that an AI agent handles the call and that you record it. Pressing the star key stops and discards the recording, and the transcript stays. botBrains stores recordings, transcripts, and call data in the EU.

Caller ID and calling hours

Show your number. Telemarketers must transmit caller ID, and the number must accept do-not-call requests during business hours (47 CFR § 64.1601(e), 16 CFR § 310.4(a)(8)). Faking caller ID to cause harm is illegal (§ 227(e)). Carriers sign calls under STIR/SHAKEN to vouch that the caller may use the number. The person you call sees your botBrains number. botBrains provisions US numbers on request. Calling hours. Federal law allows marketing calls from 8 AM to 9 PM in the called person’s local time (§ 64.1200(c)(1), 16 CFR § 310.4(c)). Several states are stricter, see state laws. botBrains doesn’t enforce calling hours, so schedule calls yourself. botBrains can’t send text messages to US numbers, so don’t plan a text follow-up.

Sector rules

Sector	Rule
Debt collection	No calls before 8 AM or after 9 PM. More than seven calls in seven days presumes harassment (Regulation F, 12 CFR §§ 1006.6 and 1006.14).
Health care	Cell numbers: consent required. Health care messages under HIPAA need prior express consent, not written. Home landlines: allowed, at most one call a day and three a week (§ 64.1200(a)(2) and (a)(3)(v)).
Banks	Allowed without consent for fraud and data breach alerts to the customer’s own cell number, with limits: no marketing, an opt-out, and at most three calls per event (§ 64.1200(a)(9)(iii)).
Payments by phone	Payment methods other than credit cards need the customer’s express verifiable authorization (16 CFR § 310.3(a)(3)). In Florida, a sales contract from a call needs the consumer’s signature (§ 501.059(6)).

Fines and enforcement

Violation	Maximum	Enforced by
AI or autodialed call without consent	USD 500 per call, up to 1,500 if willful	Called person in court (§ 227(b)(3))
Two or more calls in 12 months despite the do-not-call rules	USD 500 per call, up to 1,500 if willful	Called person in court (§ 227(c)(5))
Calls without consent, FCC action	USD 25,132 per violation for most callers, plus up to 12,266 if intentional	FCC (47 CFR § 1.80)
Fake caller ID	USD 14,432 per violation	FCC (47 CFR § 1.80)
TSR violations	USD 53,088 per violation	FTC (16 CFR § 1.98)
State mini-TCPAs	USD 500 per violation in Florida, Oklahoma, and Maryland, USD 1,000 in Washington	Called person, state attorneys general

In 2024 the FCC fined political consultant Steve Kramer USD 6 million for spoofed robocalls that used an AI clone of President Biden’s voice (FCC). Lingo Telecom, the carrier that passed the calls on with a wrong STIR/SHAKEN attestation, paid USD 1 million (FCC). Damages apply per call, so 5,000 calls without consent can mean claims of USD 2.5 million or more.

Sources

Telephone Consumer Protection Act, 47 U.S.C. § 227: Cornell LII
FCC rules, 47 CFR §§ 64.1200, 64.1601 and 1.80: eCFR
Telemarketing Sales Rule, 16 CFR Part 310: eCFR
FTC civil penalty amounts, 16 CFR § 1.98: eCFR
Regulation F, 12 CFR Part 1006: eCFR
Wiretap Act, 18 U.S.C. § 2511: Cornell LII
FCC Declaratory Ruling on AI voices, FCC 24-17 (February 8, 2024): fcc.gov
FCC proposed AI call rules, FCC 24-84 (August 8, 2024): fcc.gov
FCC revocation order, FCC 26-67 (October 1, 2026): fcc.gov
FCC do-not-call order, FCC 03-153: fcc.gov
FCC order removing the vacated one-to-one consent rule (DA 25-621): Federal Register
McLaughlin Chiropractic Associates v. McKesson Corp., No. 23-1226 (June 20, 2025): supremecourt.gov
FCC, Kramer forfeiture and Lingo Telecom settlement: Kramer, Lingo
FTC, Q&A for telemarketers on the do-not-call rules: ftc.gov
FTC staff letter on soundboard calls (November 10, 2016): ftc.gov
National Do-Not-Call Registry: donotcall.gov, telemarketing.donotcall.gov
Florida Statutes §§ 501.059 and 501.616: leg.state.fl.us
Oklahoma Telephone Solicitation Act, HB 3168 (2022), 15 O.S. §§ 775C.1 to 775C.6: oklegislature.gov
Maryland Commercial Law §§ 14-4501 to 14-4503: mgaleg.maryland.gov
Washington RCW 80.36.390 and 80.36.400: app.leg.wa.gov
Texas Business and Commerce Code §§ 301.051 and 302.101: statutes.capitol.texas.gov, read through texas.public.law; Texas SB 140 (2025): capitol.texas.gov
California Public Utilities Code §§ 2872 and 2874: leginfo.legislature.ca.gov, read through FindLaw
Utah Code §§ 13-77-101 to 13-77-105: le.utah.gov
Maine, 10 M.R.S. § 1500-DD: legislature.maine.gov
Reporters Committee for Freedom of the Press, Reporter’s Recording Guide: rcfp.org
Goodwin, AI voice products and California wiretapping claims (February 2025): goodwinlaw.com
EU AI Act, Art. 2 and Art. 50: artificialintelligenceact.eu

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AI Cold Calling Laws in the United States

At a glance

Is AI cold calling legal in the United States?

Cold calls by a human

Existing customers and callback requests

Do-not-call register: National Do-Not-Call Registry

State laws

Tell callers they’re talking to an AI

Call recording

Caller ID and calling hours

Sector rules

Fines and enforcement

Sources

Next steps

Phone integration

Calling laws by country

​At a glance

​Is AI cold calling legal in the United States?

​Cold calls by a human

​Existing customers and callback requests

​Do-not-call register: National Do-Not-Call Registry

​State laws

​Consent for AI calls

​Tell callers they’re talking to an AI

​Call recording

​Caller ID and calling hours

​Sector rules

​Fines and enforcement

​Sources

​Next steps

Phone integration

Calling laws by country

At a glance

Is AI cold calling legal in the United States?

Cold calls by a human

Existing customers and callback requests

Do-not-call register: National Do-Not-Call Registry

State laws

Consent for AI calls

Tell callers they’re talking to an AI

Call recording

Caller ID and calling hours

Sector rules

Fines and enforcement

Sources

Next steps