Apr '25 • General discussion 💬
Oh Shit - TCPA (Telephone Consumer Protection Act) USA
These upcoming TCPA changes (effective April 11, 2025) will significantly impact AI voice agents, cold calling systems, SMS campaigns, and chatbots—especially those used in outbound lead generation or marketing.
🔧 1. Cold Calling with AI Voice Agents
Major Impact: AI voice agents that make outbound cold calls (even if "live" or interactive) must comply with stricter consent rules.
Express Written Consent Required: You can no longer rely on broad or bundled consent. Each AI call needs prior written, specific, and individual consent per seller.
No “Partner” Sharing: AI systems that rely on shared databases of leads across multiple clients (e.g., lead brokers) will be in violation unless each client has their own direct consent.
Reduced Revocation Window: Opt-outs must be honored within 10 business days, so AI systems need near-instant sync with opt-out databases.
💬 2. SMS & Chat Message Campaigns
Major Impact: Text and chatbot communications must now be tightly aligned with how, when, and where the user gave consent.
One Seller Only: If your chatbot or SMS campaign is promoting multiple products/brands, that’s now a no-go unless each has distinct consent.
Topical Relevance Required: Consent given on a skincare site, for example, cannot be used to send texts about unrelated offers like insurance.
Broadened Opt-Out Methods: Systems must allow users to opt out via any reasonable method—not just by texting “STOP.” AI chatbots need NLP logic to understand opt-outs like “Don’t message me anymore” or “Leave me alone.”
🔍 3. Record Keeping & Compliance Tracking
Major Impact: AI platforms need to store consent logs, timestamps, opt-out requests, and proof of disclosures for each recipient.
If you're running multiple campaigns or using third-party AI cold call platforms, you need to confirm that they log and store this data securely.
✅ To Stay Compliant with AI-Powered Outbound Campaigns
You’ll need to:
✅ Collect clear, written, per-seller consent.
✅ Log who consented, when, where, and how (with proof).
✅ Build or integrate real-time opt-out handling into AI systems.
✅ Ensure topical relevance between the consent origin and the message topic.
✅ Avoid any "marketing partners" or list-sharing tactics.
✅ Use NLP in chatbots to recognize a variety of opt-out phrases.
💡 Quick Example Scenario
If you're using an AI tool to:
♠ Call leads scraped or bought from a database.
♠ Send SMS follow-ups about a product unrelated to the original sign-up.
♠ Ask for broad consent that includes “our partners.”
👉 You're likely non-compliant under the new TCPA rules.
🔴 Here's Why Cold Calling with AI Voice Agents is (Mostly) Out:
❌ No more cold calls to purchased or scraped lists
You must now have express written consent from the individual you're calling.
That consent must be for your specific business, not a "partner company" or generic lead collector.
❌ AI = Robocall = Strict Regulation
AI voice agents are considered robocalls, even if interactive or conversational.
All robocalls now require clear and conspicuous disclosure + documented consent before the first contact.
❌ Can't rely on third-party consent anymore
Leads obtained from lead generators (like survey sites or sweepstakes) are only valid if:
The consent is specific to your business, and It's topically relevant to what the user expected.
🟡 What Might Still Be Allowed (With Conditions)
You can still use AI voice agents if:
♠ You collected express written consent (online form, checked box with full disclosure).
♠ The person knew exactly who would contact them and why.
♠ The message is relevant to the platform where consent was given.
♠ You record and store consent proof (timestamp, form version, IP address, etc.).
✅ Safer Alternatives
If your goal is outreach, consider:
♠ Warm calling leads who opted in through a lead magnet, ad, or form.
♠ Using AI agents for inbound calls, appointment confirmations, or customer support.
♠ Shifting to AI-powered chat + SMS follow-ups, but only with valid consent.
♠ Replacing cold outreach with LinkedIn DMs, email outreach, or retargeting ads, which have fewer restrictions.
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Oh Shit - TCPA (Telephone Consumer Protection Act) USA
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