Are AI phone calls legal? TCPA rules for AI voice agents

The short answer

Yes, you can use an AI voice agent. The key distinction is between answering calls (the customer calls you) and making outbound calls (your business calls the customer). Outbound calls, especially marketing calls, carry the most rules: in general you need the person's prior consent, must honor Do Not Call lists and calling hours, and must handle their data under each country's privacy laws.

United States: the TCPA and AI-generated voices

The Telephone Consumer Protection Act (TCPA) regulates calls made with artificial or prerecorded voices. In February 2024, the Federal Communications Commission (FCC) clarified that AI-generated voices count as "artificial" voices under the TCPA.

• Prior consent: calling residential lines or cell phones with an AI voice requires the person's prior express consent; for telemarketing calls, that consent must be in writing.
• National Do Not Call Registry: telemarketing calls must honor the registry and your internal do-not-call list.
• State laws: several states add their own telemarketing rules and call-recording requirements; some require consent from all parties to record.
• Inbound calls: when the customer is the one calling, the TCPA's outbound restrictions don't apply the same way, but privacy and recording rules still do.

Colombia: data protection and contact hours

If you also serve customers in Colombia, or work with a Colombian team, these are the main rules:

• Law 1581 of 2012 (personal data protection): processing someone's data requires their prior, express and informed authorization, a stated purpose and a data processing policy. The Superintendence of Industry and Commerce (SIC) enforces it.
• Law 2300 of 2023: limits when and how often businesses may contact consumers about collections: Monday to Friday 7:00 a.m. to 7:00 p.m. and Saturdays 8:00 a.m. to 3:00 p.m., never on Sundays or holidays, and only through channels the consumer authorized.
• Excluded Numbers Registry (RNE): run by the Communications Regulation Commission (CRC), it lets people opt out of marketing calls and messages. Check it before any campaign.

Best practices for an AI voice agent

1. Introduce it as a virtual assistant. It's more transparent and, in some places, required.
2. Keep proof of consent: when, how and for what each person gave it.
3. Offer an easy opt-out and honor it immediately.
4. Respect calling hours and time zones, especially when calling across the US and Colombia.
5. Disclose call recording and get consent where the law requires it.
6. Collect only the data you need and protect it.
7. Let callers reach a person when they ask or the case calls for it.

Answer calls or make them?

If you're just getting started, answering calls is the simplest path: picking up for people who are already calling you, after hours or at peak times, has fewer legal requirements and immediate impact. Outbound campaigns, like reminders or lead follow-ups, take more preparation: consented contact lists, calling hours and opt-out handling.