Compliance Guide
TCPA compliance for AI voice agents.
The Telephone Consumer Protection Act governs automated and AI-generated calling. Here's what the law requires, how it's changed in 2024–2025, and how Workforce Wave is built with TCPA guardrails.
Last reviewed: May 2026
TCPA at a Glance
Six rules every AI calling program must address.
The TCPA is a multi-part framework. A compliant AI voice agent calling program must account for each requirement below.
Prior Express Written Consent
AI voice agent marketing calls to wireless numbers require prior express written consent identifying your company specifically. Consent must be voluntary — not a condition of purchase.
One-to-One Consent (Jan 2025)
Consent must name the specific company contacting the consumer. Lead-gen forms collecting consent for multiple sellers simultaneously no longer satisfy this standard.
Calling-Time Windows
Calls are restricted to 8 a.m.–9 p.m. in the recipient's local time zone. Many states are stricter. Calling-window enforcement must use the called party's time zone, not yours.
Revocation by Any Means
Consumers can revoke consent verbally, by text, or via any reasonable method. Contractual clauses restricting revocation methods are unenforceable under 2024 FCC rules.
DNC Compliance
Numbers on the National Do-Not-Call Registry and your internal do-not-call list must be suppressed before dialing. See the DNC registry compliance guide for scrubbing requirements.
AI Voice Is a Robocall
The FCC confirmed in 2024 that AI-generated voices are 'artificial or prerecorded' under the TCPA. AI calling programs must meet the same consent standards as traditional robocall campaigns.
What the TCPA requires for AI voice agent calls.
The Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227) restricts the use of automated telephone equipment to contact consumers. When the TCPA was enacted, "automated" meant autodialers and pre-recorded messages. In February 2024, the FCC clarified that AI-generated voice calls fall within the same category — meaning AI voice agents face the same consent requirements as traditional robocall campaigns.
Consent tiers under the TCPA
The TCPA distinguishes between types of calls and applies different consent requirements to each. For marketing or promotional calls to wireless numbers using an artificial or pre-recorded voice (including AI-generated voice), the law requires prior express written consent — a signed agreement (including e-signature) from the consumer authorizing the specific company to contact them. For purely informational or transactional calls (account alerts, appointment reminders, emergency notifications), express oral or written consent may suffice, though written consent remains the safer standard in all cases.
The 2025 one-to-one consent change
Effective January 27, 2025, the FCC's one-to-one consent rule requires that consent specifically identify the seller who will contact the consumer. The prior practice of using lead generation forms that bundle consent for multiple sellers — common in insurance, mortgage, and home services — no longer satisfies TCPA requirements for calls made after the rule's effective date. Businesses that purchase leads from third-party sources should audit whether the underlying consent meets this new standard.
Calling-window enforcement
The TCPA prohibits calls to residential lines before 8:00 a.m. or after 9:00 p.m. in the called party's local time zone. A critical detail: the window is calculated based on where the recipientis located, not where the caller is based. A calling system that uses the caller's time zone will systematically violate this requirement for recipients in earlier time zones. Many states layer additional restrictions on top of the federal window — some prohibit calls on Sundays or holidays — so a comprehensive calling-window policy accounts for state variations.
How Workforce Wave supports TCPA guardrails
Workforce Wave is built with features designed to support TCPA-aware calling programs. Consent capture workflows allow businesses to record and log opt-in consent at the point of collection. Calling-window enforcement prevents outbound calls outside the recipient's local allowed window. Opt-out detection identifies verbal revocation requests during a call and suppresses that contact for future outreach. DNC integration helps prevent calls to numbers on the National Do-Not-Call Registry and your internal suppression list.
These are technical guardrails — they support compliance programs but do not replace legal review of your specific campaign design, consent language, and calling practices. TCPA compliance is ultimately a legal obligation that your legal counsel should verify.
Common Questions
TCPA compliance questions.
Does the TCPA apply to AI voice agent calls?
Yes. In February 2024 the FCC issued a declaratory ruling confirming that AI-generated voices qualify as 'artificial or prerecorded' voice messages under the TCPA. This means AI voice agent calls to wireless numbers require prior express written consent, the same standard that applies to robocalls and pre-recorded messages. Businesses should treat AI voice agent calls with the same TCPA rigor they apply to autodialed or pre-recorded campaigns.
What is 'prior express written consent' under the TCPA?
Prior express written consent is a signed (including e-signature) agreement from the consumer authorizing a specific company to contact them using an autodialer, pre-recorded message, or AI-generated voice for marketing purposes. The agreement must clearly disclose that the consumer is agreeing to receive such calls/texts, must identify the company making the contact, and must not be a condition of purchase. For informational or transactional calls — not marketing — express consent (oral or written) may suffice, but written is the safer standard.
What is the TCPA one-to-one consent rule effective January 2025?
The FCC's one-to-one consent rule, effective January 27, 2025, requires that prior express written consent name the specific seller who will contact the consumer — consent obtained through a lead generator's bundled form covering multiple sellers is no longer sufficient. If your business receives leads from third-party lead generators, the underlying consent must specifically authorize your company by name. Blanket or comparison-shopping portal consent collected before January 27, 2025 may not satisfy this standard for calls made after that date.
What are the TCPA calling-time restrictions?
The TCPA prohibits calls to residential lines before 8:00 a.m. or after 9:00 p.m. local time at the called party's location. Many states impose stricter windows — for example, some states prohibit calls on Sundays or holidays entirely. A compliant calling program enforces calling-time windows based on the recipient's local time zone, not the caller's time zone.
How does TCPA revocation of consent work?
Consumers have the right to revoke consent to receive autodialed, pre-recorded, or AI-generated voice calls at any time, by any reasonable means. A 2024 FCC rule clarified that businesses cannot contractually restrict the means by which a consumer can revoke consent — for example, a contract clause stating 'revocation must be in writing' is unenforceable under TCPA. Upon receiving a revocation request (verbal, by text reply, via a web form, or by any other reasonable method), the business must honor it promptly.
How does Workforce Wave support TCPA compliance?
Workforce Wave is built with guardrails that help businesses operate within TCPA requirements. These include: consent capture workflows to record and log consent at the point of opt-in; calling-window enforcement that prevents agent calls outside the recipient's local calling window; opt-out handling that detects verbal revocation during a call and suppresses that number; and DNC integration to prevent calls to registered Do-Not-Call numbers. These are technical guardrails — they support compliance but do not substitute for qualified legal counsel reviewing your specific calling program.
What are the TCPA penalties for non-compliance?
TCPA statutory damages are $500 per violation for negligent violations and up to $1,500 per violation for willful or knowing violations. Because class action suits are common under the TCPA, liability can aggregate rapidly across large calling campaigns. In addition to private litigation, the FCC can impose civil monetary penalties. The FTC enforces related telemarketing rules under the Telemarketing Sales Rule (TSR) and can seek additional penalties for violations.
Related Compliance Topics
Run AI calling with TCPA guardrails built in.
Workforce Wave supports consent capture, calling-window enforcement, and opt-out handling — so your outbound campaigns run with compliance in mind from day one.