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Do You Have to Tell Callers They're Talking to AI? In Some States, Yes; Disclose in the First Sentence

By Sharrk Team · October 29, 2026

There is no single U.S. law that requires every business to tell inbound callers they are talking to an AI receptionist, but some states do require it: Utah when the caller asks (and up front for certain high-risk conversations in licensed professions), and Maine whenever the AI could make a reasonable consumer think they are talking to a person. The simple, safe practice everywhere is to have the agent say it is an AI assistant in its first sentence and answer honestly if asked.

This is general information, not legal advice. Check with a lawyer for your state and industry.

Is there a federal law that says you must disclose AI on phone calls?

Not for inbound calls, as of October 29, 2026. Here is what exists at the federal level:

• Outbound calls: the FCC treats AI voices as "artificial." On February 8, 2024, the FCC unanimously adopted a declaratory ruling (FCC 24-17) confirming that AI-generated voices count as "artificial" voices under the Telephone Consumer Protection Act (TCPA). That means outbound AI calls need the called party's prior consent, and artificial or prerecorded voice messages must identify the business responsible for the call. The consent side of this is covered in our post on whether it's legal to call leads with an AI voice.
• A proposed AI disclosure rule is still a proposal. On August 7, 2024, the FCC voted on a notice of proposed rulemaking (FCC 24-84) that would require callers using AI-generated calls to say so at the beginning of each call, and to disclose AI use when getting consent. It was published in the Federal Register on September 10, 2024. We could not find a final order adopting it as of October 29, 2026, so treat it as pending, not law.
• The FTC polices deception generally. The FTC Act bans deceptive practices. In its March 2023 business guidance, "Chatbots, deepfakes, and voice clones: AI deception for sale," the FTC warned that misleading consumers through tools such as chatbots can lead to enforcement. An AI that claims to be a person when it is not is the kind of thing that guidance is about.

Which state laws require AI disclosure on calls?

These are the laws we could verify from statute text or law-firm summaries. State AI law moves fast, so check your state.

Utah in plain words

Utah applies to anyone using generative AI to interact with people in a consumer transaction. If a caller asks "Am I talking to a real person?", the agent must say it is AI. For licensed occupations, the up-front disclosure is required for "high-risk" interactions, such as collecting health, financial or biometric data, or giving personalized legal, medical, financial or mental health advice. There is also a safe harbor: if the AI clearly discloses at the start of the interaction, and throughout it, that it is AI or an "artificial intelligence assistant," the business is not subject to enforcement under that section.

Maine in plain words

Maine's rule is broader. You may not use an AI chatbot or other technology to deal with a consumer in a way that may lead a reasonable consumer to believe they are talking with a human, unless you notify them clearly and conspicuously that they are not. The definition covers "textual or aural" communication, so a voice agent that sounds human is covered.

Does the answer change for inbound vs. outbound calls?

Yes. On outbound AI calls, the TCPA already applies: you need consent, and the message must identify your business. If the FCC finalizes its proposal, outbound AI calls would also need an AI disclosure at the start. On inbound calls, TCPA consent rules generally do not apply, so state laws like Utah's and Maine's, and general deception law, are what matter.

What should an AI receptionist say?

Disclose in the first sentence, keep it short, and offer a person. A clear opening works under every rule above. Sample greetings:

• Home service (sample): "Thanks for calling Bright Creek Plumbing (sample). I'm the company's AI assistant. I can book a visit, answer questions, or connect you with someone on the team. How can I help?"
• After hours (sample): "Hi, you've reached Northfield Heating (sample). I'm an AI assistant answering after hours. Tell me what's going on and I'll get you scheduled or get a message to the on-call tech."

Then add these rules to the agent's instructions:

1. If the caller asks whether they are talking to a real person, say plainly that you are an AI assistant. Never claim to be human.
2. If the caller asks for a person, transfer the call or take a message. See warm vs. cold transfer for which to use.
3. Do not invent a human name and backstory for the agent. A friendly name is fine if it is paired with "AI assistant."
4. For outbound calls, have consent first, identify your business, and disclose AI at the start.

For the rest of the greeting, the basics in how to answer a business phone still apply.

Does disclosing AI make callers hang up?

We found no reliable public data on this for home-service calls, so we won't quote a number. Callers want a problem solved. An agent that says what it is, books the job and hands off to a person when asked does that. One that pretends to be human and gets caught risks the customer and, in states like Maine, a deceptive-practice claim.

How Sharrk handles AI disclosure

You control the disclosure. You write and edit your AI receptionist's greeting and prompt, so you can have the agent introduce itself as an AI assistant in its first sentence and tell it to answer honestly if asked. Sharrk voice agents can live-transfer a caller to a person (cold, or warm with a private whisper brief to your team member) or take a message and send you an email or text alert.

Mako, Sharrk's built-in AI assistant, can make the change for you. Ask it in plain English, for example "Make the agent say it's an AI assistant in the first sentence and transfer to me if the caller asks for a person," and Mako shows the edit on an Apply card. Nothing changes until you approve it, and changes can be undone.

Start free with Sharrk or book a demo.

Related on Sharrk: AI Receptionist · AI Voice Agent · AI Answering Service · Pricing

Sources

• Mayer Brown, "FCC Declares Authority and Intent to Regulate AI-Generated Calls Under the TCPA" (February 27, 2024): https://www.mayerbrown.com/en/insights/publications/2024/02/fcc-declares-authority-and-intent-to-regulate-ai-generated-calls-under-the-tcpa (checked October 29, 2026)
• Cooley, "FCC: AI-Generated Robocalls Illegal Under the TCPA" (February 15, 2024): https://cooley.com/news/insight/2024/2024-02-15-fcc-ai-generated-robocalls-illegal-under-the-tcpa (checked October 29, 2026)
• Brownstein, "FCC Proposes New AI-Generated Robocall Rules" (August 2024): https://www.bhfs.com/insight/fcc-proposes-new-ai-generated-robocall-rules/ (checked October 29, 2026)
• Federal Register, "Implications of Artificial Intelligence Technologies on Protecting Consumers From Unwanted Robocalls and Robotexts" proposed rule (September 10, 2024): https://www.govinfo.gov/content/pkg/FR-2024-09-10/html/2024-19028.htm (checked October 29, 2026)
• FTC, "Chatbots, deepfakes, and voice clones: AI deception for sale" (March 2023): https://www.ftc.gov/node/80689 (checked October 29, 2026)
• Utah Legislature, S.B. 226 (2025) enrolled bill: https://le.utah.gov/Session/2025/bills/enrolled/SB0226.pdf (checked October 29, 2026)
• Maine Legislature, 10 M.R.S. §1500-DD: https://legislature.maine.gov/statutes/10/title10sec1500-DD.html (checked October 29, 2026)
• Verrill, "Maine Law Now Requires Limited Disclosures of Artificial Intelligence Technology" (June 30, 2025): https://www.verrill-law.com/news/maine-law-now-requires-limited-disclosures-of-artificial-intelligence-technology/ (checked October 29, 2026)
• California Business and Professions Code §17941: https://california.public.law/codes/business_and_professions_code_section_17941 (checked October 29, 2026)
• LegiScan, California AB 410 (2025-2026): https://legiscan.com/CA/text/AB410/2025 (checked October 29, 2026)
• Skadden, "New California 'Companion Chatbot' Law Imposes Disclosure, Safety Protocol and Annual Reporting Requirements" (October 17, 2025): https://skadden.com/insights/publications/2025/10/new-california-companion-chatbot-law (checked October 29, 2026)
• Eckert Seamans, "Colorado Repeals and Replaces Its Landmark AI Statute: What Businesses Need to Know" (June 12, 2026): https://www.eckertseamans.com/legal-updates/colorado-repeals-and-replaces-its-landmark-ai-statute-what-businesses-need-to-know (checked October 29, 2026)

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