# Cold calling AI: what US law allows for AI sales calls

> Cold calling AI is legal only with the right consent. Learn the TCPA rules for AI cold calling, the DNC registry, and how to avoid TCPA violations.

- URL: https://hail.so/blog/ai-cold-calling
- Type: Guide
- Tags: voice-agent, outbound, compliance
- Published: 2026-10-30
- Reading time: 8 min

In the US, an AI voice that calls a stranger to sell something is not a cold call you can make freely. The FCC treats an AI-generated voice as an "artificial or prerecorded voice" under the Telephone Consumer Protection Act (TCPA). A sales call with that voice needs the person's prior express written consent. AI calls work well for people who asked to hear from you, such as inbound leads and current customers.

This guide explains the rules, the cost of getting them wrong, and a checklist to use before an AI sales call. It is not legal advice. Talk to a lawyer about your own calling program.

## Is AI cold calling legal?

On February 8, 2024, the FCC released a Declaratory Ruling in CG Docket No. 23-362 ([FCC 24-17](https://docs.fcc.gov/public/attachments/FCC-24-17A1.pdf), read October 2026). The ruling says the TCPA's restrictions on "artificial or prerecorded voice" calls "encompass current AI technologies that generate human voices." Those calls need "the prior express consent of the called party," unless an emergency purpose or an exemption applies.

The ruling added no new rules. It confirmed that the rules for robocalls also apply to AI voice agents. A conversational AI that listens and answers is still an artificial voice under this ruling.

So "AI cold calling" in the usual sense, where you buy a list and call people who never contacted you, breaks the law for most calls. The legal use of an AI caller starts with consent.

## What consent the TCPA requires

The law is [47 U.S.C. § 227](https://www.law.cornell.edu/uscode/text/47/227) (read October 2026). The FCC rules that apply it are in [47 CFR § 64.1200](https://www.law.cornell.edu/cfr/text/47/64.1200) (read October 2026).

- **Calls to a cell phone with an artificial voice** need the called party's prior express consent (§ 227(b)(1)(A)).
- **Telemarketing calls with an artificial voice** to a cell phone, or to a home line, need prior express written consent (§ 64.1200(a)(2) and (a)(3)).
- **Prior express written consent** is a signed agreement. An electronic signature can count. It names the seller and lists the phone number. It clearly allows sales calls using an artificial or prerecorded voice. It says consent is not required to buy anything ([§ 64.1200(f)(9)](https://www.ecfr.gov/current/title-47/section-64.1200#p-64.1200(f)(9))).
- **Identification.** A prerecorded or artificial voice message must say who is calling at the start, and must give a phone number (§ 64.1200(b)(1) and (b)(2)).
- **Opt-out.** Some telemarketing calls with an artificial voice must offer an automated opt-out by voice or keypress, within two seconds of the identification (§ 64.1200(b)(3)).

A form checkbox that says "I agree to receive calls" can be part of written consent. That phrase alone does not authorize sales calls using an artificial voice. A purchased lead list almost never carries consent to calls from your company.

## What TCPA violations cost

Section 227(b)(3) gives each person who receives an illegal call the right to sue. The award is the actual loss or $500 for each violation, whichever is greater. If a court finds the violation was willful or knowing, it can triple the award, up to $1,500 for each violation.

The amount is per call, not per campaign. A campaign of 1,000 AI calls without consent can mean 1,000 violations. State laws and enforcement by state attorneys general can add more risk.

## The National Do Not Call Registry

The TCPA also protects people who put their number on the [National Do Not Call Registry](https://www.ftc.gov/business-guidance/resources/qa-telemarketers-sellers-about-dnc-provisions-tsr-0) (FTC guidance, read October 2026). A telemarketer that must use the registry has to sync its call lists with it at least every 31 days. You also need your own internal do-not-call list for people who tell you to stop.

Consent and the registry are separate checks. Written consent for your company can allow a call to a registered number. A number that is not on the registry still needs consent for an AI sales call.

## When AI sales calls make sense

AI sales calls fit work where the person already asked for contact:

- Calling back an inbound lead who filled in a form that asked for a call, with consent text on the form.
- Booking a demo for someone who started a free trial and agreed to calls.
- Reminding a customer about an appointment or a renewal (these calls are often informational, not telemarketing, but check with your lawyer).
- Following up on an abandoned quote, when the quote form collected consent.

In these cases an AI cold caller is not cold. It is a fast follow-up. Speed matters: a lead that asked for a call expects it soon. For how outbound AI calls work in practice, read [AI outbound calls](https://hail.so/blog/ai-outbound-calls). For the agent itself, read [what an AI phone agent is](https://hail.so/blog/ai-phone-agent).

## Consent checklist before an AI sales call

Use this list for each campaign. Keep the evidence for each number.

- [ ] I can show where and when each person gave consent (form URL, date, the exact consent text).
- [ ] For telemarketing, the signed consent names my company and lists the number. It says consent is not required to buy anything.
- [ ] It also allows sales calls using an artificial or prerecorded voice.
- [ ] I checked the list against the National Do Not Call Registry within the last 31 days, or I have written consent for each registered number.
- [ ] I removed everyone on my internal do-not-call list.
- [ ] The call says who is calling at the start, and that the caller is an AI.
- [ ] My system saves stop requests and blocks future sales calls to those numbers.
- [ ] I checked the state laws for the states I call.
- [ ] A lawyer reviewed the script and the consent text.

## How Hail handles consent on AI calls

Connect Hail to your AI assistant through the [MCP setup guide](https://hail.so/mcp).
You must confirm that you have permission before Hail places a call.
For sales calls, you must also give the source of that permission, such as your consent form URL.

Hail does not check your consent records or the National Do Not Call Registry.
Complete the checklist above before you ask your assistant to call.

Replace the parts in capitals. Send this request with the phone agent instructions in the next section.

**Request for your AI assistant:**

```prompt
Prepare a demo follow-up call for COMPANY NAME using Hail.
The recipient's number is PHONE NUMBER.
Use the phone agent instructions I include below.
Mark this as a marketing call.
The consent record is at CONSENT SOURCE URL, dated CONSENT DATE AND TIME.
Keep the AI disclosure on.
Ask me to confirm that I checked consent and the do-not-call lists.
Show me the call setup and wait for my approval before placing the call.
```

Hail tells the person it is an AI assistant at the start of the call by default.
Your assistant can pass the consent source and date with the call through MCP.

## Example script for conversational AI cold calling
These instructions tell the phone agent what to say. Replace the parts in brackets.
Include these instructions with the setup request above in the same message to your AI assistant.

**Instructions for the phone agent:**

```prompt
You are an AI assistant calling for [Company]. You call only people who asked to hear from us through [source].
At the start, say your name, that you are an AI assistant, and that you call about their request on [source].
Ask one question at a time. Do not make promises about price or contract terms.
If the person asks how we got their number, explain that it came from [source].
If the person says stop or not interested, say "Thank you. I will end this call now." End the call.
If the person asks for a human, offer a callback from the team and end the call politely.
```

The script does not save stop requests or block future calls. Your system must do both.
Where required, provide an automated opt-out that saves the number and ends the call.
The [FCC opt-out rule](https://www.ecfr.gov/current/title-47/section-64.1200#p-64.1200(b)(3)) explains when this applies.
A prompt alone does not provide that feature.

You can build and test a full prompt with the [voice agent prompt builder](https://hail.so/tools/voice-agent-prompt-builder).

## Next steps

Start with the people who already asked for contact. Collect clear consent on every form. Record the source with each call.
Estimate your costs with the [voice agent cost calculator](https://hail.so/tools/voice-agent-cost-calculator). Connect your assistant through [Hail MCP](https://hail.so/mcp).
The [voice overview](https://hail.so/voice) explains how Hail calls work.

## Use the API for AI sales calls (optional)

You can also place calls from your own code. Keep your API key on your server, in `HAIL_API_KEY`.

- **`recipient_consent: true`** confirms that you have a lawful basis to contact the person. Hail rejects a missing or false value.
- **`message_type: "marketing"`** marks a sales call. It requires a **`consent_source`**, such as your consent form URL.
- **`consent_obtained_at`** records when the person gave consent.

This request places a sales follow-up call. Use it only after you complete the checklist above.
Replace the example number, consent details, and instructions with your own.

```bash
curl --fail-with-body --silent --show-error \
  https://api.hail.so/v1/calls \
  -H "Authorization: Bearer $HAIL_API_KEY" \
  -H 'Content-Type: application/json' \
  --data '{
    "to": "+14155550101",
    "recipient_consent": true,
    "message_type": "marketing",
    "consent_source": "https://example.com/demo-request",
    "consent_obtained_at": "2026-10-20T15:04:00Z",
    "system_prompt": "You call people who requested a demo on our website. Confirm they still want a demo. Ask when they are available. Do not book a meeting. If they say stop or not interested, thank them and end the call. Do not promise to block future calls."
  }'
```

The prompt ends the call when the person asks to stop. Your system must also block future sales calls to that number.