Here's the simple way to picture it. Consent is a permission slip to call a specific phone number. The law cares about two things: did you have a permission slip before you called, and how strong did it need to be? An AI that's selling something needs the strong kind — a written, signed permission slip. An AI just confirming an appointment someone already booked needs the lighter kind.
The two consent levels
| Call type | Consent standard | Example |
|---|---|---|
| Marketing / telemarketing (artificial or prerecorded voice) | Prior express WRITTEN consent | An AI agent calling a lead to pitch a product |
| Informational / transactional (non-marketing) | Prior express consent | An AI agent confirming a delivery window the customer requested |
| No prior relationship or consent | Generally not permitted | Cold-dialing a purchased list with an AI voice |
What makes written consent valid
- Names the specific seller/business that will be calling.
- Authorizes calls to the specific number the person provided.
- Makes clear the calls may use an automated system or an artificial/prerecorded (AI) voice.
- Is not a condition of buying anything.
- Is captured with a timestamp and the exact disclosure language, and stored so you can produce it later.
Having consent and being able to prove it are different things. If a complaint lands, you'll be asked to produce the consent record and show the call honored it. Trace keeps the per-call evidence — what was disclosed, whether an opt-out was offered, and a tamper-evident hash — so “we complied” is something you can demonstrate, not just assert.
Frequently asked questions
Do AI calling agents need consent under the TCPA?+
Yes. The FCC's 2024 ruling treats AI and cloned voices as an artificial or prerecorded voice under the TCPA, so AI calls generally need prior express consent, and prior express written consent for marketing calls.
What's the difference between express consent and express written consent?+
Prior express consent can be given orally and covers non-marketing informational calls. Prior express written consent is a signed, specific authorization required for marketing calls that use an autodialer or an artificial/prerecorded voice.
Does an existing customer relationship replace consent?+
Not for artificial/prerecorded-voice marketing calls, those generally still need prior express written consent. Always confirm the current rule with counsel for your call type and state.
Primary sources
We cite primary law. Statutes, rulings, and state laws change, confirm currency before relying on them.
- FCC Declaratory Ruling (Feb 8, 2024)
AI-generated and voice-cloned calls are an 'artificial or prerecorded voice' under the TCPA.
- 47 U.S.C. § 227 (TCPA)
The federal statute governing autodialed and prerecorded/artificial-voice calls.
- 47 CFR § 64.1200 (FCC rules)
The FCC's implementing rules, including the prior-express-written-consent requirement.