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Compliance and messaging rules

What is the TCPA (Telephone Consumer Protection Act)?

The Telephone Consumer Protection Act, or TCPA, is a 1991 US federal law that restricts telemarketing calls, autodialed calls and texts, and calls using prerecorded or artificial voices. Under FCC rules, it requires prior consent for many of these calls, backs the National Do Not Call Registry, and lets consumers sue for violations.

How the TCPA applies to businesses

The FCC’s robocall rules require prior written consent before prerecorded telemarketing calls to home or wireless numbers, and oral or written consent before autodialed or prerecorded calls or texts to wireless numbers, with exceptions such as emergency calls. On February 8, 2024, the FCC ruled that AI-generated voices are “artificial” under the TCPA, bringing AI voice calls under the same rules.

The rules focus on outbound contact: calls and texts a business initiates. Answering calls customers place to you is a different situation, but follow-up texts and calls still need the right consent. This page is general information, not legal advice; check with counsel for your situation.

Illustrative example

Example: an insurance agency’s lead list

An insurance agency buys a list of quote leads and considers having an AI voice call each one. Under the FCC’s 2024 ruling, those AI-voice calls are subject to the TCPA’s consent requirements, so the agency would need prior consent from each person. Instead, it answers inbound quote calls with AI and follows up only with people who asked. This scenario is illustrative.

How InsertChat fits the rules

InsertChat’s AI receptionist answers calls customers place to you; InsertChat does not make AI outbound calls. Follow-up texts and emails the assistant proposes always wait for approval from an owner, admin, or manager and need the customer’s consent before they are sent.

Texts honor opt-out keywords such as STOP, and START opts back in. You remain responsible for how your business contacts customers. See the insurance agency setup.

Related InsertChat pages

Sources

Related terms

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TCPA (Telephone Consumer Protection Act): common questions

Plain answers for small businesses

Yes. In February 2024 the FCC ruled that calls using AI-generated voices are “artificial” under the TCPA, so the law’s consent rules apply to them.

The TCPA’s consent rules target calls and texts a business initiates. Answering a call a customer placed is different, but any follow-up calls or texts you send still need the right consent.

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