If your intake line picks up with a synthetic voice, you’re already in TCPA territory. In early 2024, the FCC said it out loud: AI voices count as “artificial or prerecorded.”

So what does that mean for a law firm? For outbound calls, you usually need consent before that voice says hello—sometimes written consent. It depends on whether you’re calling a wireless or residential line and whether the call is purely informational or has any sales angle.

The stakes are real: $500–$1,500 per call and plenty of plaintiffs’ lawyers who know this stuff cold. Below, we’ll walk through rules for wireless vs. landlines, inbound vs. outbound, what “telemarketing” really covers, state laws that go even further, and the records you’ll need if someone challenges you. We’ll wrap with a checklist, sample consent language, and how to make this practical with LegalSoul.

Executive summary: When AI voice intake triggers TCPA consent

If your intake uses a cloned or synthetic voice, treat it as “artificial or prerecorded” under the TCPA. The FCC made that explicit in February 2024, and it applies even if the AI is interactive and sounds human.

Here’s the quick read: outbound informational calls to wireless numbers need prior express consent; any telemarketing requires prior express written consent. For residential landlines, prerecorded telemarketing also needs prior express written consent. Inbound, consumer-initiated calls are lower risk, but don’t sneak in sales content unless you have the right consent and an easy opt-out.

Why be strict? Damages add up fast, and class actions get expensive. Easiest wins come from tightening what your AI says and capturing the right consent before you ever dial. Segment your use cases, tag numbers by purpose, and set a “content firewall” so the AI doesn’t drift from intake into promotion mid-call.

Key Points

• FCC says AI voices are “artificial or prerecorded.” Outbound informational calls to wireless require prior express consent; any sales or prospecting needs prior express written consent. Inbound calls are safer, but avoid sales content unless you have the right consent and an opt-out.
• States like Florida, Oklahoma, and Washington can be stricter. Follow the toughest rule where the person lives. Keep DNC scrubs current, respect call windows, and watch frequency caps. Don’t assume business/VoIP lines are exempt.
• Proof is everything: save the exact consent text, timestamp, IP, page version, and tie each call to the consent used. Check the Reassigned Numbers Database, honor revocations immediately, include automated opt-outs for prerecorded telemarketing, and keep records for at least four years.
• Operational guardrails matter: bind numbers to purpose, add AI “content governors,” allow human handoff, and use tools like LegalSoul for consent checks, DNC/time-of-day rules, RND queries, STIR/SHAKEN, and audit-ready logs.

TCPA basics for lawyers using AI voice

Three levers control your risk: who started the call (inbound vs. outbound), what you say (informational vs. telemarketing), and the line type (wireless vs. residential). Autodialer rules are separate; after Facebook v. Duguid, plaintiffs often sue on the prerecorded/artificial-voice angle instead.

Wireless numbers: informational callbacks tied to a person’s specific request need prior express consent. You usually have it if they gave you their number for that purpose and you stick to the topic. Sales or prospecting? That jumps to prior express written consent.

Residential landlines: prerecorded telemarketing needs prior express written consent. Purely informational prerecorded calls may be exempt but must meet FCC conditions like an automated opt-out and frequency limits. Inbound calls to your AI are generally safer, but if your AI drops promotional lines, you may trigger extra rules. Easiest rule of thumb: label each phone number with its approved purpose and don’t reuse it for anything else.

Are AI voices “artificial or prerecorded”? FCC’s position

Yes. The FCC’s 2024 ruling is clear: AI-generated voices—scripted or real-time—are treated as artificial/prerecorded under the TCPA. Whether it sounds like a human or not doesn’t matter.

For you, that means an AI intake agent is treated like a traditional IVR for consent. Moving from “press 1” menus to natural conversation doesn’t relax the law. If your message nudges someone to hire your firm or consider other practice areas, that’s telemarketing, which triggers prior express written consent on both wireless and residential lines.

Inbound callers who reach your AI are less risky, but if you play promotional content, add the required opt-out and offer a fast route to a person. A quick upfront line like “This call may use an artificial voice” helps with transparency and complaints.

Consent requirements by scenario (law-firm specific)

Think in scenarios and label them:

• Inbound, consumer-initiated calls to your AI: usually fine if you stay informational and offer a quick path to a human.
• Outbound informational to wireless: valid if the person gave their number for that purpose and you stick to their request. Example: “You asked for a consultation on 5/2 at 3 p.m.—press 1 to confirm.”
• Outbound telemarketing/prospecting to wireless: needs prior express written consent that clearly authorizes artificial/prerecorded voice calls and is signed (e-sign works).
• Outbound to residential landlines: prerecorded telemarketing requires prior express written consent; informational prerecorded calls may be exempt but need an automated opt-out and must follow limits.
• Business numbers/VoIP: treat with caution—many are tied to individuals and treated like wireless.
• Existing clients vs. prospects: broader leeway with clients, but don’t repurpose a “case updates” consent for sales.

Store a purpose tag with each number so your system can block off-topic calls automatically.

Exemptions, safe harbors, and gray areas

There are narrow carve-outs. Informational prerecorded calls to residential lines may be exempt if they contain no advertising. You’ll still need an automated opt-out and to follow the FCC’s frequency limits. Emergency calls are rare in legal intake. Transactional updates like court-date reminders are safer when tied to a specific request and prior express consent.

Edge cases trip people up. Ringless voicemail to wireless is still treated as a “call,” so you need consent. “Call me now” buttons generally give you prior express consent for that specific callback, but keep it on-topic. Always offer a live-agent escape, and for prerecorded telemarketing, include an automated opt-out (“press 2 to opt out”).

One more tip: add content filters so your AI doesn’t casually suggest other services unless the call is covered by written consent for telemarketing. That small guardrail saves headaches.

State “mini-TCPA” overlays to watch in 2025

Some states go further than federal rules. Florida’s FTSA allows private lawsuits, limits sales calls to set hours (often 8 a.m.–8 p.m.), and caps sales attempts per day. Changes in 2023 narrowed parts of the law, but prerecorded/artificial voice risk remains.

Oklahoma’s OTSA is broad and comes with private suits and hefty damages. Washington requires clear identification at the start, fast respect for “do not call” requests, and tight rules on automated/prerecorded calls without consent.

If you run national intake, assume the strictest state rule based on where the consumer lives. Geofence your call windows and scripts by location and time zone. State attorneys general often run coordinated sweeps, and stacking state DNC or unfair-practice claims with TCPA can raise exposure quickly.

If you handle nationwide intakes (e.g., mass torts), assign a “state compliance profile” to each lead at ingestion to meet Florida/Oklahoma/Washington mini-TCPA law firm obligations.

Building compliant consent flows (prior express vs prior express written)

Consent lives in your records, not just a checkbox. For prerecorded/artificial voice telemarketing, you need prior express written consent. It must be clear, conspicuous, and authorize those calls from your firm. It should list the number, note that consent isn’t required to get services, and be signed (electronic signatures are fine).

For informational callbacks to wireless numbers, prior express consent usually exists when someone gives their number for that purpose. Place consent text right next to the phone field. Use separate checkboxes for marketing vs. informational. Tag consent by matter and channel, refresh it if the scope changes, and allow granular opt-outs (“no marketing, yes to case updates”).

Example (informational): “By clicking ‘Request Call,’ you agree we may call you at the number you provided using an artificial or prerecorded voice to respond to your request. Consent is not required to obtain legal services.”

Proof and recordkeeping standards

When TCPA disputes happen, your paper trail wins the day. Keep:

• The exact consent text shown at the time
• Timestamp, source URL, session ID, IP, user agent, and checkbox state
• A PDF or hash of the page version used
• Any double opt-in proof (email/SMS), if you use it
• Reassigned Numbers Database checks with dates
• Call logs tied to the specific consent record
• All opt-outs with effective timestamps

Hold everything for at least four years. Query the FCC’s RND before campaigns to reduce reassigned-number risk; there’s a safe harbor if the database is wrong and you checked properly. Link consent to the matter in your CRM so you can show the call matched the topic. Save a frozen “snapshot” of the consent experience—not just a template—so nobody can claim the page changed later.

Opt-outs, DNC, and contact governance

Make it easy to say no and honor it right away. For prerecorded/artificial voice telemarketing, you need an automated, interactive opt-out (like “press 2”) during the call. Train your AI to catch spoken revocations—“stop,” “don’t call me”—and confirm them.

Keep an internal DNC list and suppress numbers for at least five years. Scrub the National DNC Registry every 31 days for telemarketing, and keep proof of your subscription and access numbers. Respect call hours (usually 8 a.m.–9 p.m. local time, though some states are tighter) and any state attempt caps.

If you use predictive dialing, keep abandonment under 3%. And unify revocations across channels: if someone texts “STOP,” that number should stop receiving outbound calls too unless they opt back in.

Deliverability and reputation management

Being compliant doesn’t matter if your calls never connect. Use consistent caller IDs with proper CNAM. Make sure your provider signs calls with STIR/SHAKEN and aim for solid attestation to avoid blocking.

Watch answer/seizure ratio, average call length, and spam labels. Big drops usually mean carrier analytics don’t like something. Keep your opener simple and clear: identify your firm and reason for the call. Ramp new campaigns slowly, and separate number pools for informational versus marketing so one doesn’t poison the other.

Consider branded calling where available. Seed test numbers with major carriers so you can see what consumers see. If you can’t get through, you can’t confirm consent or clear up misunderstandings.

Vendor and workflow controls for AI intake

Your tools should understand consent, not just calls. Look for:

• Live classification of call content with hard stops if consent doesn’t match
• Customizable disclosures and instant human handoff
• Real-time DNC checks before every call
• Opt-out capture via keypress and voice
• Immutable logs linking audio, transcript, and consent ID
• PII/PHI redaction on recordings and transcripts
• Time-zone detection and state-specific rule sets
• RND checks for wireless/VoIP numbers pre-dial

Add a consent gate to your dialer: no consent, no call. For inbound, keep your AI in “intake-only” mode and block promo phrases by default. Run quarterly mock calls to catch drift after updates. This protects you across business, VoIP, and wireless scenarios.

Penalties, enforcement trends, and litigation exposure

The math hurts: $500 per call, up to $1,500 if it’s willful. Recent FCC moves tightened telemarketing, including “one-to-one” consent that shuts down shared-lead practices. The 2024 AI voice ruling gives plaintiffs a clean path to argue your AI is a prerecorded voice, even if it chats.

Since Facebook v. Duguid narrowed autodialer claims, suits lean on the artificial/prerecorded angle—which is where AI intake lives. If you get a demand letter, pause the related campaigns, pull RND checks, and build a per-call ledger showing consent, topic, and opt-out handling. Clean records save real money.

2025 compliance checklist for law firms

• Map every use: inbound vs. outbound, informational vs. telemarketing, wireless vs. residential.
• Pick the right consent for each scenario and document it in your CRM.
• Set up consent capture: clear text by the phone field, separate checkboxes, e-sign for marketing calls.
• Save proof: timestamp, page version, IP, user agent, and the exact consent wording for four years.
• Bind numbers to purpose and block cross-use.
• Run RND checks and DNC scrubs; log everything with dates.
• Open calls with identification and an artificial-voice disclosure; offer a fast human handoff.
• Include automated opt-outs for prerecorded marketing; process revocations across all channels instantly.
• Respect call windows and state attempt caps; geofence by location.
• Track deliverability: STIR/SHAKEN, CNAM, ASR, and spam flags; keep number pools separate.
• Audit quarterly: test opt-outs, simulate calls, review logs.
• Train staff on handling revocations and escalations.

Sample consent language and intake scripts

Webform (informational callback): “By clicking ‘Request Call,’ you agree we may call you at the number you provided using an artificial or prerecorded voice to respond to your request. Consent is not required to obtain legal services.”

Webform (telemarketing): “By checking this box and clicking ‘Agree,’ you authorize [Law Firm] to call you at the number you provided using an artificial or prerecorded voice for marketing purposes regarding legal services. You are not required to consent as a condition of purchase. You may withdraw consent at any time.”

Opening disclosure (AI voice): “This is [Law Firm]. This call may use an artificial or prerecorded voice. To speak to a person at any time, press 0.”

Opt-out: “Press 2 to opt out of future marketing calls.”

Script guardrails: Start by confirming scope—“I’m calling about your consultation request from [date]. Is now a good time?” If the conversation drifts into other services and you don’t have written consent for marketing, hand it to a human.

How LegalSoul supports TCPA-compliant AI intake

• Consent ledger that saves full artifacts (text, timestamp, IP, source URL) and links them to every call, text, and voicemail.
• AI “intake-only” mode that blocks promotional content unless written consent exists.
• Real-time National and internal DNC scrubs, with instant opt-outs across channels.
• State-aware rules: call windows, frequency caps, and location-based scripts.
• RND checks before dialing and auditable logs for every query.
• Signed calls (STIR/SHAKEN) and CNAM setup to reduce blocking.
• Immutable call logs, recordings, transcripts, and exports that show consent linkage for defense.
• Attorney-vetted disclosures and script templates for informational vs. marketing use.
• Live “content governor” that detects sales language and routes to a person if consent doesn’t cover marketing.

FAQs and myths

• “We’re just returning a call, so no consent?” If it’s a wireless number, you still need prior express consent tied to their request, and you must stay on-topic.
• “No autodialer means no TCPA.” The artificial/prerecorded voice rule is separate and still applies.
• “It’s a business number, so we’re fine.” Many business VoIP lines are treated like wireless. Keep doing consent and DNC checks.
• “Inbound calls don’t count.” You didn’t initiate the call, but playing prerecorded sales content can trigger opt-out rules.
• “Ringless voicemail is a loophole.” The FCC treats it as a call to wireless, so consent is required.
• “Consent never expires.” People can revoke consent anytime, and consent is limited to the scope given.

Conclusion

AI voice intake falls under the TCPA’s artificial/prerecorded rules. Outbound informational calls to wireless numbers need prior express consent; anything promotional needs prior express written consent. Inbound is safer, but keep sales content off unless you have proper consent and an opt-out.

Pair strong consent capture with DNC scrubs, RND checks, and four-year recordkeeping. Want the easy path? Book a LegalSoul demo. We’ll help you set up consent gates, content guards, time-of-day and state rules, and the kind of logs that make regulators—and judges—happy.