
Unwanted calls are more than just annoying; they are against the law thanks to the Telephone Consumer Protection Act (TCPA), which is one of the strongest consumer protection laws in the country. As technology changes, so do the ways that telemarketers, debt collectors, and scammers work. Robocalls and voice calls made by AI were once uncommon, but now they are everywhere. This brings up an important question:
Are robocalls and calls from computers or other machines allowed by the TCPA?
Most of the time, the answer is no, but there are some important exceptions.
What the TCPA Says About Robocalls and AI Voice Messages
Without getting the consumer’s clear permission first, the TCPA says it’s illegal to call them using either an automatic telephone dialing system (ATDS) or a prerecorded or artificial voice. In many cases, this means getting their clear written permission first. These restrictions apply to:
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- Cell phones
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- Residential landlines
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- VoIP numbers
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- Text messages (as many courts treat texts as “calls” under the TCPA)
In short, if a company uses an automated system or artificial voice to contact you without your permission, it may be violating federal law.
Key Rules for Robocalls and Artificial Voice Calls
1. It’s necessary to get written permission first.
The person making the call must have clear written permission from the person receiving the call if they are using a robocall system or an artificial or prerecorded voice for telemarketing or advertising calls.
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- A signature (digital OK)
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- A clear agreement to receive such calls
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- Disclosure that consent is not required to make a purchase
Without this, the call is unlawful.
2. Informational Calls Have Different Consent Standards
Not all robocalls are illegal. Non-marketing calls may only require prior express consent, not written consent. Examples include:
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- Appointment reminders
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- Pharmacy notifications
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- School alerts
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- Fraud alerts from banks
However, even these informational calls must be authorized by the consumer.
3. Artificial Voice = Automatic TCPA Protection
The TCPA specifically calls out prerecorded or artificial voices as requiring consent—whether or not an auto dialer is used.
This means a company can violate the TCPA even if the call is manually dialed, as long as it uses a prerecorded or AI-generated voice.
4. AI-Generated Voice Calls Are Treated the Same as Prerecorded Calls
As artificial intelligence becomes more widely used, many companies have turned to AI-generated voice calling systems. Regulators have made clear that AI voices fall under the same TCPA rules as prerecorded messages.
If the call uses a synthetic, scripted, or machine-generated voice, it is treated as a prerecorded voice for TCPA purposes.
Common Examples of TCPA Violations
Many consumers experience violations without realizing they are protected under federal law. Some of the most frequent TCPA-violating robocalls include:
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- Debt collection calls using prerecorded messages
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- Telemarketing campaigns using automated voice systems
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- “Warranty renewal” calls and scams
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- Real estate investor cold-call robocalls
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- Prerecorded texts or voicemail drops
If you did not give consent, these calls may entitle you to statutory damages of $500–$1,500 per illegal call.
Are There Any Exceptions?
Yes, but they are narrow. Exceptions may include:
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- Emergency calls (e.g., safety alerts, weather warnings)
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- Certain government-authorized messages
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- Some non-marketing calls from companies with an existing business relationship and prior express consent
If the caller claims an exemption but is selling something or using an artificial/prerecorded voice, they are likely still violating the TCPA.
What To Do If You Are Receiving Unwanted Robocalls
If you’re getting robocalls or AI-generated calls you didn’t consent to, you can:
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- Keep records of the calls.
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- Save all voicemails and take screenshots of the call information
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- Request to be placed on the company’s Do-Not-Call list.
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- Consult with a TCPA attorney about pursuing compensation.
Many victims are unaware they may be entitled to hundreds or thousands of dollars per call.
Speak With Attorney David Head – Utah TCPA Lawyer
If you believe you’re receiving illegal robocalls or prerecorded voice calls, Attorney David Head can help you stop the calls and pursue compensation. David Head has experience with TCPA as well as consumer protection cases and disputes.
Contact Information: 801-691-7511
office@headlawusa.com