Complete FAQ covering legal compliance: TCPA, HIPAA, state recording laws, AI disclosure, and what's required for different use cases.
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Is AI voice calling legal?
Yes with proper compliance. Inbound AI calls are generally low-risk. Outbound AI calls to consumers without prior express written consent are effectively illegal.
Do I need to disclose it's an AI?
Yes — FCC requires disclosure at the start of any AI voice call. "Hi, I'm Riley, ABC Plumbing's virtual assistant."
What is TCPA and does it apply to me?
TCPA restricts telemarketing calls, auto-dialed calls, and AI voice calls. Applies to any business making outbound calls to US phone numbers.
Do I need a BAA for healthcare?
Yes, if your AI voice agent handles any PHI (patient information). Required for dental, medical, veterinary, optometry, etc.
Which states require two-party consent for recording?
11 states: California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Washington.
Can I leave AI voicemails?
Risky — TCPA's "artificial voice" provision may apply. Best practice: use pre-recorded human voicemails, not AI-generated. Consult a TCPA attorney.
What are the penalties for TCPA violations?
$500 per inadvertent violation, $1,500 per willful violation. Class action lawsuits common — multi-million dollar judgments not unusual.
Should I get TCPA insurance?
Yes if you do any outbound AI calling. $1,000-$3,000/year for $1M coverage. TCPA defense costs can be $50K-$500K+ even if you win.
Do I need consent to call my own customers?
Generally yes for telemarketing. Your terms of service should include phone contact consent. For service-related calls (reminders), existing business relationship is usually sufficient.
Can I do cold outreach with AI voice?
B2B with proper compliance, generally yes. B2C without prior express written consent, no. Consult a TCPA attorney before any cold AI voice campaign.