TCPA and FCC Calling Practices

Scope and important limits

The Federal Communications Commission (FCC) has confirmed that AI-generated voices that sound like human voices are covered by the Telephone Consumer Protection Act (TCPA) rules for artificial or prerecorded voices. Whether a particular call is allowed depends on the number called, the call’s purpose, the technology used, the recipient’s location, and any valid exception.

A call that helps start, continue, or advance a prospective client relationship may be marketing or mixed-purpose. Calling a workflow “informational” does not by itself remove consent requirements. Customers should have counsel review each script and workflow before enabling it.

This page is an operational overview, not legal advice or a complete 50-state legal opinion. It does not cover every rule for text messages, call recording, attorney advertising, or U.S. territories. A rule that is not listed here may still apply.

Consent before an AI call

AI-generated and cloned voices are treated as artificial or prerecorded voices under the TCPA. Depending on the number called and any applicable exception, an AI-voice call may require prior express consent. If a call advertises or promotes services, prior express written consent is generally required for covered calls unless a valid exception applies.

A consent request should be clear, specific, and affirmative. For covered telemarketing calls, the agreement should identify the specific law firm (the seller), the number to be called, and the use of automated technology or an artificial, prerecorded, or AI-generated voice. A valid electronic signature may be used when applicable law permits it. Do not pre-check the consent box or make marketing-call consent a condition of submitting an inquiry or receiving a service.

Consent for one firm does not automatically authorize calls for another firm. Consent to a call does not automatically authorize a text message, or vice versa. Keep the wording shown to the person and evidence of their affirmative choice.

Calling times, location, and frequency

The federal telemarketing calling window is generally 8:00 a.m. to 9:00 p.m. in the recipient’s local time. Some states impose shorter hours, restrict calls on certain days, or set additional frequency limits. The stricter applicable rule should control.

Customers should provide accurate state, ZIP code, and timezone information and identify the purpose of each workflow. Where location or timezone information is missing or conflicts, the safer approach is to hold the call for review until reliable information is available. A nationwide fallback schedule is not a legal safe harbor.

Calling hours do not replace other requirements. National and state Do Not Call rules, company-specific suppression requests, frequency caps, consent limits, and rules for reassigned numbers may also apply.

Identification, opt-outs, and records

Covered telemarketing calls should promptly identify the law firm and the purpose of the call, transmit accurate caller ID, and provide required ways to opt out. When a person asks not to be called or revokes consent, that request must be recorded and honored within the time required by law. Lawgical recommends suppressing future calls as soon as the request is received.

When the National Do Not Call Registry applies, sellers and telemarketers generally must use a Registry file obtained within the prior 31 days, subject to applicable exceptions. Prerecorded telemarketing calls may also need an automated opt-out mechanism. A customer’s own Do Not Call list and state requirements can apply in addition to the national list.

Keep records that show why the call was permitted and what happened. Depending on the law and workflow, useful records include consent wording and version, the person’s affirmative action and timestamp, the phone number and seller, the call purpose and script, location and timezone source, Do Not Call screening, call attempts and outcomes, and opt-out or revocation requests. The Telemarketing Sales Rule requires certain records to be kept for five years when it applies.

What customers are responsible for

Each customer is responsible for the law firm’s calling decisions and for providing complete, accurate information to the Service. This includes:

1. Obtaining, documenting, and retaining consent for each number, law firm, technology, and purpose where consent is required.
2. Providing accurate phone-number, recipient-location, timezone, and call-purpose data, and updating it when it changes.
3. Classifying each workflow and script as informational, telemarketing, or mixed-purpose with counsel when needed.
4. Screening against applicable National, state, and firm-specific Do Not Call lists, and providing suppression instructions to Lawgical where needed.
5. Ensuring scripts, caller identity, call timing, frequency, opt-out handling, and any recording or transcription notices meet applicable law.
6. Maintaining required registrations, licenses, consent evidence, staff training, and attorney advertising or solicitation compliance.
7. Reviewing and correctly configuring available Lawgical controls for each workflow, and monitoring the calls made through the Service.

Contract terms that assign a task to a customer do not remove duties that the law places directly on Lawgical or another party.

What Lawgical is responsible for

Lawgical is responsible for the platform-level compliance controls that we make available and for operating those controls as described for the applicable product and workflow. Depending on the feature, customer settings, and release, these controls may include:

1. Calling-hour guardrails based on recipient location and timezone.
2. State-specific calling windows, holidays, or frequency limits where supported.
3. Company-level opt-out suppression and tools to block, delay, or suppress calls when required information is missing or inconsistent.
4. Operational records about configured calling rules, scheduled and completed attempts, dispositions, and opt-out results where the product captures them.

Feature availability and settings can differ by workflow. Customers must confirm which controls are active for their account and must not assume that every safeguard listed here is enabled for every call. Lawgical’s controls support a customer’s compliance program; they do not provide legal advice, determine whether a campaign is lawful, or replace customer consent evidence, screening, monitoring, or review.

Review each workflow before launch

Before enabling a new outbound AI call or materially changing a script, customers should confirm with counsel:

1. Who the seller is and whether the call is informational, marketing, or mixed-purpose.
2. What consent is needed, how it was obtained, and whether the stored evidence covers the specific caller, number, voice technology, and purpose.
3. Where the person is located, which calling window and frequency limits apply, and whether Do Not Call screening is complete.
4. What the call says at the start, how the person can end or opt out, and whether state rules require additional disclosures or a live-person introduction.
5. Whether call recording, transcription, attorney solicitation, or telemarketer registration rules apply.

Primary references

1. FCC Declaratory Ruling 24-17: AI-generated voices and the TCPA
2. 47 C.F.R. § 64.1200: FCC calling and consent rules
3. FCC Report and Order 24-24: consent revocation and opt-outs
4. FTC guide to the Telemarketing Sales Rule
5. FTC Do Not Call Registry guidance

Rules change and can vary by state and call type. This overview is not a complete state-by-state matrix and does not authorize a call in a state that is not discussed here. Review the current law and obtain advice from qualified counsel before launching a calling workflow.