TCPA Rules Every Business Must Know (Calls, Texts, Emails & AI)

The Telephone Consumer Protection Act (TCPA) regulates marketing calls, texts, and voicemails in the U.S.
You must get express written consent before sending promotional or automated messages—including AI-assisted or recorded calls.
You must also allow easy opt-out options and honor Do Not Call (DNC) requests. Penalties range from $500 to $1,500 per violation.

Detailed Overview with AI-Specific Examples #

What the TCPA Covers #

• Automated or AI-assisted calls, texts, or voicemails.
• Recorded voice messages (including AI or synthetic voices).
• Calls or texts made through dialing platforms like Twilio or GoHighLevel.

Example:
Allowed – You call a lead using an AI receptionist only after they consent to receive AI or automated calls.
Not allowed – Your AI bot dials leads without prior written permission.

Consent Requirements (with AI Disclosure) #

You must have clear written consent that explicitly allows:

• Calls, texts, and emails;
• The use of AI-assisted or recorded voices;
• The purpose (quotes, reminders, promotions, or follow-ups);
• And the option to opt out anytime.

Example of Proper Consent:

By submitting, you consent to receive calls, texts, and emails from {{company_name}}, including AI-assisted or recorded calls, about services, quotes, or appointments. Message and data rates may apply. Reply STOP to opt out anytime.

Includes all channels (voice/text/email)
Discloses AI or recording usage
Mentions opt-out and data rates
TCPA-compliant for automation platforms

Opt-Out & DNC Rules #

• Must allow STOP, unsubscribe, or email opt-outs.
• Honor all opt-outs within 10 business days.
• Never call numbers on the National Do Not Call list.

Example:
If someone replies STOP, remove them from all AI and human call lists immediately.
Keep calling after a STOP message — each attempt = separate violation.

Call Timing #

• Only call between 8 AM and 9 PM local time of the contact.
• Avoid repeated or back-to-back calls from multiple AI agents.

Penalties #

• $500 per unintentional violation.
• Up to $1,500 per willful or repeated violation.
• Applies per call, text, or AI-initiated message.

Best Practices #

1. Always include “AI-assisted or recorded call” disclosure in every consent form.
2. Record timestamps, IPs, and source of each consent.
3. Offer easy opt-outs (STOP, unsubscribe, or email).
4. Use compliant calling hours and verify against DNC lists.
5. Monitor and audit all AI caller scripts and logs regularly.