The rules of automated calling: what to know before outbound calls with an AI voice bot
Before you start an outbound calling campaign you need to know who you may call and how. This guide goes over the main topics in the United States so you know what to ask. It is not legal advice: the rules change, they differ between states, and before a first campaign you should talk to a lawyer.
The principle: consent first
The safe starting point is to call only people who agreed to it: they left their details in a form, asked for a call back, or are existing customers who agreed to be contacted. Keep a record of when and how consent was given. A list bought from an unclear source is the largest risk, legally and commercially.
The TCPA and AI voices
The Telephone Consumer Protection Act (TCPA) restricts calls made with an artificial or prerecorded voice. In February 2024 the Federal Communications Commission ruled that voices generated by AI count as "artificial" under the TCPA. In practice this means calls made by an AI voice bot generally need the prior express consent of the person called, and marketing calls need that consent in writing.
People who receive calls that break the TCPA can sue for damages per call, so the cost of getting this wrong adds up quickly.
The National Do Not Call Registry
Consumers can put their number on the National Do Not Call Registry, and sellers making telemarketing calls are expected to check their lists against it. Many states keep rules or lists of their own.
Besides the official registry, keep your own list: anyone who asks on a call not to be called again is marked, and is not called again. In ENIGMA Voice Bot a lead marked "Do not call" is always skipped, in every campaign.
Identify yourself, and be open
At the start of the call say who is calling and for which business, and give a way to reach you. Our advice is to also say that it is a virtual assistant. It builds trust, prevents complaints, and matches the direction regulation is moving in. See examples of opening lines in the guide on writing a script.
Recording calls
Some states allow a call to be recorded when one side agrees, and others require everyone on the call to agree. The common practice that works everywhere is to say at the start of the call that it is recorded. Keep recordings and transcripts only as long as you need them.
Calling hours
Federal rules limit telemarketing calls to between 8 in the morning and 9 in the evening in the local time of the person called, and some states are stricter. Set your calling hours inside those limits and cap the number of retries. On choosing the hours, see the best time to call leads.
A checklist before a campaign
- There is a record of consent for everyone on the list.
- The list was checked against the Do Not Call Registry and the state rules that apply.
- The opening line names the business and says it is a virtual assistant.
- There is a simple way to opt out, and it is honored at once.
- Calling hours and the number of retries are set.
- A lawyer has looked at the process.
Questions and answers
May I call my existing customers?
There is often more room with existing customers, but the conditions are precise and depend on the circumstances. Check with a lawyer before relying on it.
Do the rules apply to calls to businesses too?
Some rules focus on consumers, and calls to mobile phones are restricted whoever owns them. The exact answer needs advice.
Who is responsible: the business or the software provider?
The business that makes the calls is responsible for consent and for its lists. The system gives the tools: calling hours, a "Do not call" mark and a full record.
See it working on your own leads
ENIGMA Voice Bot calls the leads in your file, rates each one from 1 to 5 and keeps the recording and the transcript of every call.