Is AI Cold Calling Legal? 2025 FCC & TCPA Compliance Guide

Yes — AI cold calling can be legal, but it’s highly regulated. The difference between legal and illegal campaigns usually comes down to consent, Do-Not-Call (DNC) handling, abandoned-call controls, and proper recordkeeping. Use conservative defaults (obtain consent, scrub DNCs, limit abandonment, play required messages) and consult counsel for telemarketing to wireless numbers or cross-border campaigns.
How to read this guide
- Section A: Plain-language summary of the core rules you must care about.
- Section B: Practical compliance checklist you can use before launching.
- Section C: Exact AutoCallFlow features & configuration to keep you safe.
- Section D: Compliant script examples (voice & SMS).
- Section E: Audit, logging, and retention suggestions.
A. Core rules — what really matters (simple, non-legal summary)
Consent is king
If you call people for marketing on mobile phones/personal numbers, many regulators require prior express consent. For prerecorded/automated messages there’s often a higher consent bar (sometimes “written” consent). When in doubt, get the consent in writing (web form, checkbox + timestamp) or a clearly logged opt-in.
Honor Do-Not-Call (DNC) lists immediately
Scrub national & internal DNC lists before any campaign run. If someone opts out, apply suppression right away.
Avoid excessive abandoned calls
Abandoned calls (a call answered by a human but no agent available) are a major enforcement trigger. Industry practice sets conservative abandonment caps (commonly ~3% of answered calls), and many platforms enforce throttles. Monitor abandonment in real time and pause dialing if it spikes.
Time-of-day & timezone rules
Only place calls during permitted calling windows for the target jurisdiction (e.g., local business hours). Always respect local timezones.
Clear identity & opt-out on calls
Start automated calls with an obvious caller ID and a short statement identifying your organization and opt-out option (e.g., “Reply STOP to texts or say ‘Stop’ to opt out of calls”).
Recordkeeping & proof of consent
Keep timestamps, IP addresses, audio clips of voice consent, and logs of opt-ins and opt-outs. Audit trails win disputes.
B. Pre-flight compliance checklist (run this before every campaign)
- DNC scrub: Run numbers through national DNC and your internal suppression lists.
- Consent audit: Flag numbers with no verifiable consent; exclude them or require a written opt-in.
- Abandonment cap: Set campaign max abandonment to ≤ 3% and an auto-throttle that reduces dials if threshold nears.
- Time window enforcement: Only enable campaign during allowed local hours.
- Recording & consent prompt: If you record calls, play a short consent message when required and log consent.
- Opt-out handling: Have automated immediate suppression when a user replies STOP or asks to be removed.
- Pilot small: Start with a small pilot and monitor abandonment, opt-outs, and complaints.
C. AutoCallFlow — built-in compliance features & exactly how to use them
Below are the precise features AutoCallFlow provides and configuration recommendations so the platform itself helps enforce compliance.
1) DNC & suppression management (built-in)
Automatic DNC scrubbing: Upload and auto-scrub against national DNC lists + your internal suppression lists at import time.
How to use: Enable “Auto DNC Scrub” on campaign import; set “Immediate suppress on opt-out” = ON.
2) Abandoned-call protection & throttles
Auto-throttle engine: Real-time abandonment detection with hard-stop thresholds (default 2.5% soft alert, 3.0% hard stop).
How to use: Keep default auto-throttle ON for all outbound campaigns. Configure hard stop to your legal counsel’s recommended limit.
3) Timezone enforcement & dial windows
Automatic timezone mapping: Upload timezone or area code and AutoCallFlow enforces local dial windows (configurable).
How to use: Set campaign dial hours (e.g., 9:00–20:00 local) and “strict timezone enforcement” = ON.
D. Compliant script examples (copy/paste)
Verbal consent intro (best when you need recorded consent)
“Hi, this is [Company] calling about [purpose]. This call may be recorded. By staying on the line you consent to receive automated calls from [Company]. If you don’t want to receive calls, say ‘Stop’ or press 9. May I continue?”
SMS double opt-in flow (web → SMS)
Web checkbox: “I agree to receive automated calls & texts from [Company] — provide phone number.”
SMS auto reply: “Reply YES to confirm subscription for [Company] messages. Msg frequency X. Reply STOP to opt out.”
Only after YES do you mark as marketing consent.
E. Logging, retention & dispute defense (how to prepare for audits)
What to store (minimum):
- Consent token (timestamp, IP, source) or recorded voice consent clip
- The exact message or script played (audio file/SSML)
- Call start/answer/end time, duration, call recording URL
- Opt-out event with timestamp