Is it legal to call leads with an AI voice? Yes, with prior express written consent for sales calls, and Sharrk builds the guardrails in

By Sharrk Team · October 15, 2026

Yes, it is legal to call leads with an AI voice in the US with the right consent, and Sharrk builds the guardrails for that right into the product. With Sharrk, AI voice agents answer your inbound calls 24/7, AI outbound calling unlocks only after you sign a consent attestation and your texting registration is approved, and Mako, Sharrk's AI assistant, walks you through both.

Under the federal rules, an AI-voice sales or marketing call to a cell phone needs the lead's prior express written consent, and an AI-voice call that isn't selling anything still needs their prior express consent.

This is general information, not legal advice. Telemarketing rules change and vary by state, so check your setup with a lawyer before you turn on outbound calling.

How Sharrk handles AI calling compliance

Inbound first. Sharrk's AI voice agents answer inbound calls 24/7, which doesn't require any of the outbound consent steps below. The TCPA's artificial-voice consent rules restrict calls you make, not calls you answer.
Outbound is gated. To protect you and your leads, AI outbound calling, voicemail drops and lead scraping unlock only after you sign a consent attestation and your texting registration is approved. Mako walks you through both.
Opt-outs honored automatically. STOP replies are honored automatically, and outreach respects quiet hours and the contact's timezone.
Hunts with guardrails. Hunts, Sharrk's reactivation campaigns for old leads, run inside the calling windows you set, with opt-out handling, quiet hours and DNC list checks built in. You're responsible for having consent to contact your list.
Strikes that know when to stop. Strikes, Sharrk's lead follow-up sequences, stop the moment the lead replies or books.

Mako builds it, you approve it

Mako, Sharrk's AI assistant, builds the agents, follow-up and automations from plain English, shows you every step and waits for your OK before anything changes. You can build and test your agents for free in the browser before you turn anything on.

Does the TCPA apply to AI voice calls?

Yes. In February 2024 the FCC issued a Declaratory Ruling (FCC 24-17) holding that the Telephone Consumer Protection Act's limits on calls using an "artificial or prerecorded voice" cover AI technologies that generate human-like voices, including voice cloning. The ruling was adopted on February 2, 2024 and released on February 8, 2024.

So an AI voice agent calling a lead is treated like a prerecorded robocall. The call must identify your business at the start, and marketing calls must offer a way to opt out.

The law has teeth. Under 47 U.S.C. 227, a person who receives an illegal call can sue for actual losses or $500 per violation, whichever is greater, and a court can raise that to as much as $1,500 per violation if the violation was willful or knowing. State attorneys general can also sue on behalf of residents.

What consent do I need to call leads with AI?

It depends on what the call is for and what kind of line you are calling. Here is how the federal rules in 47 CFR 64.1200 line up:

Call type	Consent needed (federal)
A lead calls you and your AI agent answers	The TCPA's artificial-voice consent rules cover calls you make, not calls you answer
AI-voice call to a cell phone that isn't selling (for example, confirming the appointment they asked for)	Prior express consent
AI-voice sales or marketing call to a cell phone	Prior express written consent
AI-voice telemarketing call to a residential landline	Prior express written consent
Sales call to a number on the National Do Not Call Registry	The person's signed written permission, or another exemption in the rule
AI-voice sales call to someone in Florida	Prior express written consent under Florida's own law, plus Florida's calling limits (see below)

Prior express written consent is a written agreement, signed by the person, that authorizes the seller to make calls using an autodialer or artificial or prerecorded voice to a specific number. It must clearly disclose that they don't have to agree as a condition of buying anything. Electronic signatures can count, so a web form with the right disclosure and a checkbox or typed signature can work.

A lead filling out a quote form is not automatically written consent for AI sales calls. The form has to say so.

Is the FCC's one-to-one consent rule still in effect?

No. The FCC adopted a rule that would have limited each written consent to a single seller and required calls to be "logically and topically" related to the interaction that prompted the consent. It was set to take effect on January 27, 2025. On January 24, 2025, the Eleventh Circuit vacated that part of the FCC's order in Insurance Marketing Coalition v. FCC, holding that the FCC had exceeded its authority under the TCPA.

You still need valid prior express written consent for AI marketing calls. If you buy shared leads, make sure the consent the lead gave clearly covers calls from your business.

How can leads revoke consent, and how fast must I stop?

Under the FCC's current rule, a person can revoke consent in any reasonable way. Replies like "stop" or "unsubscribe" count automatically, and you can't force people to use only one opt-out method. You have to honor the request within a reasonable time, no more than 10 business days. These rules took effect April 11, 2025.

Two pieces are still moving:

The "revoke all" provision. One part of the rule would make an opt-out from one type of message apply to all your robocalls and robotexts on unrelated topics. The FCC delayed that part to January 31, 2027.
The October 2026 order. The FCC has since adopted an order that lets an opt-out of informational calls cover only that category, and lets callers name one exclusive opt-out method if they disclose it in each call or text. An opt-out of telemarketing still covers all your telemarketing messages. The order takes effect 30 days after it is published in the Federal Register, which had not happened as of early October 2026.

The safe practice: treat any "stop," "don't call me," or similar request as a full opt-out, and act on it right away instead of waiting the full 10 days. Sharrk honors STOP replies automatically.

What hours can I call leads?

Federal rules limit telephone solicitations to residential subscribers to between 8 a.m. and 9 p.m. in the called person's local time. Use the lead's time zone, not yours.

Some states are stricter. Florida limits commercial telephone solicitation calls to between 8 a.m. and 8 p.m. local time, and bars more than three such calls to a person within 24 hours on the same subject.

With Sharrk, Hunts only reach out inside the calling windows you set, and outreach respects quiet hours and the contact's timezone.

Do I need to check the Do Not Call Registry?

Yes, for sales calls. Federal rules bar telephone solicitations to residential numbers on the National Do Not Call Registry unless an exemption applies, such as the person's signed written permission. A caller can avoid liability for an occasional mistake only if it uses a version of the registry obtained no more than 31 days before the call and meets the rule's other safe-harbor conditions. You must also keep your own internal do-not-call list and honor those requests.

This matters most with old leads, who may have joined the registry or asked you to stop. Our guide to reactivating old roofing leads covers how to approach a stale list.

Which states have stricter rules than the TCPA?

Florida is the best-known example. Its Telephone Solicitation Act requires prior express written consent, including the phone number, for unsolicited sales calls that use an automated dialing system or a recorded message, and lets people sue for $500 per violation, up to triple for willful violations. Other states have their own telemarketing laws, so check each state you call into.

Are inbound calls answered by AI treated differently?

Yes. The TCPA's artificial-voice consent rules restrict calls you make. When a customer calls your business and an AI receptionist picks up, you are answering their call, not placing one. That is why answering every call with AI is a much simpler compliance decision than outbound dialing, and why Sharrk's AI answering service is the easiest place to start. If your AI agent later calls that person back to sell something, the outbound rules apply to that callback.

Checklist before you turn on AI outbound calls

[ ] Your lead forms include clear consent language for AI and prerecorded calls and texts, name your business, and state that agreeing isn't required to buy.
[ ] You store proof of consent for each lead: the form, the wording, the time, and the phone number.
[ ] Sales calls to cell phones and residential lines only go to leads with prior express written consent.
[ ] Each call identifies your business at the start and offers a way to opt out.
[ ] Opt-outs by any reasonable means ("stop," "take me off your list") are honored right away and never later than 10 business days.
[ ] Numbers are checked against the National Do Not Call Registry (refreshed at least every 31 days) and your internal do-not-call list.
[ ] Calls only go out between 8 a.m. and 9 p.m. in the lead's time zone, or tighter where state law requires (8 a.m. to 8 p.m. in Florida).
[ ] You follow each state's extra rules, such as Florida's limit of three calls in 24 hours.
[ ] A lawyer has reviewed your consent language and calling plan.

Sharrk helps with several of these: STOP replies are honored automatically, Hunts include opt-out handling, quiet hours and DNC list checks, and you set the calling windows. AI outbound calling unlocks only after you sign a consent attestation, and you're responsible for having consent to contact your list.

Start with Sharrk today

Start free and Mako will build your first AI agent from your website in minutes, no card needed. Let it answer your inbound calls 24/7, then turn on outbound when your consent setup is ready. Prefer a walkthrough? Book a demo and we'll go through your consent setup with you.

Sources

FCC Declaratory Ruling FCC 24-17, AI-generated voices are "artificial" under the TCPA (checked October 15, 2026)
FCC: FCC Makes AI-Generated Voices in Robocalls Illegal (checked October 15, 2026)
47 U.S.C. 227, Telephone Consumer Protection Act (Cornell LII) (checked October 15, 2026)
47 CFR 64.1200, FCC telemarketing and robocall rules (Cornell LII) (checked October 15, 2026)
Insurance Marketing Coalition v. FCC, No. 24-10277 (11th Cir. Jan. 24, 2025) (checked October 15, 2026)
Morrison Foerster: Eleventh Circuit Vacates FCC's TCPA One-to-One Consent Rule (checked October 15, 2026)
FCC Order DA 26-12, extending the revoke-all effective date to January 31, 2027 (checked October 15, 2026)
Brownstein: FCC Announces Effective Date for New Revocation of Consent Order (checked October 15, 2026)
FCC Fact Sheet, September 9, 2026: consent revocation Report and Order and FNPRM (checked October 15, 2026)
Latham & Watkins: FCC Revamps Rules on Consent to Calls and Texts Under the TCPA (checked October 15, 2026)
Florida Statutes 501.059, Telephone Solicitation (checked October 15, 2026)
Florida Statutes 501.616, Unlawful acts and practices (calling hours and call limits) (checked October 15, 2026)

Frequently asked questions

Is it legal to use AI to call customers?

Yes, as long as you have the right consent. Under the FCC's February 2024 ruling, AI-generated voices count as artificial voices under the TCPA, so AI calls to cell phones need prior express consent, and sales or marketing calls need prior express written consent. In Sharrk, AI outbound calling unlocks only after you sign a consent attestation and your texting registration is approved.

Do AI voice calls fall under the TCPA?

Yes. The FCC's Declaratory Ruling FCC 24-17 held that the TCPA's rules on artificial or prerecorded voice calls cover AI technologies that generate human-like voices, including voice cloning.

Does a web form submission count as prior express written consent?

Only if the form says so. Written consent has to be a signed agreement (an electronic signature can count) that authorizes the seller to call that number with an artificial or prerecorded voice and says agreeing isn't a condition of purchase.

Do I need consent for an AI receptionist that answers inbound calls?

No, not under the TCPA's outbound consent rules, because those restrict calls you make, not calls you answer. That's why Sharrk's AI voice agents can answer your inbound calls 24/7 without any of the outbound steps. If the AI later calls the person back to sell something, the outbound consent rules apply to that call.

How fast do I have to honor an opt-out?

Within a reasonable time and no later than 10 business days. People can opt out by any reasonable means, such as replying "stop," so the safest practice is to stop calling right away. Sharrk honors STOP replies automatically.

What happens if I make an illegal AI call?

You can be sued for $500 per violation or actual losses, whichever is greater, and up to $1,500 per violation if it was willful or knowing. State attorneys general can also bring cases, and some states, like Florida, have their own damages.

How does Sharrk handle AI calling compliance?

Sharrk answers inbound calls 24/7 with AI voice agents, unlocks AI outbound calling, voicemail drops and lead scraping only after you sign a consent attestation and your texting registration is approved, honors STOP replies automatically, and runs Hunts inside your calling windows with opt-out handling, quiet hours and DNC list checks built in. You're responsible for having consent to contact your list.

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