Dealing with TCPA Compliance When Using AI Phone Agents
If your collection agency uses or is considering using AI phone agents, TCPA compliance is the foundation that determines which accounts you can contact and how you can contact them.
Under the Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission (FCC)’s 2024 declaratory ruling, AI-generated or “synthetic” voices are treated the same as prerecorded messages or robocalls. That means:
- You can’t use AI phone agents to call or text a consumer unless you already have prior express consent (or pass-through consent from your creditor client).
- Even if your AI system is interactive or human-sounding, it still falls under the same restrictions.
This doesn’t mean you can’t use AI. It just means you have to use it intelligently, within the rules.
Understanding What “Express Consent” Really Means
TCPA compliance begins with understanding what qualifies as express consent and how to confirm you have it before launching any AI-powered or prerecorded calls.
Express Consent vs. Express Written Consent
- Express consent allows you to make calls using an autodialer or prerecorded/AI voice for non-marketing purposes (like collections).
- Express written consent is required for marketing or telemarketing calls.
For debt collection, consent usually comes from your creditor clients — the lenders or service providers who have the original customer relationship.
Pass-Through Consent From Creditors
Most agencies rely on pass-through consent, meaning the creditor obtained consent from the consumer when the account was opened and that consent “passes through” to the agency collecting on their behalf.
Courts have supported this concept for years. If the creditor’s agreement includes clear TCPA language — such as “I give permission to be contacted by phone, text, or prerecorded voice, including through auto-dialers” — your agency can rely on it.
However, you should still verify that each client actually includes compliant TCPA language in their customer agreements. Without it, those accounts shouldn’t be contacted by AI phone agents.
How to Make Sure You’re Allowed to Use AI Phone Agents
Here’s how agencies can protect themselves before launching or scaling AI-based outreach programs:
1. Review Client Agreements During Onboarding
When onboarding a new creditor, ask for their consumer disclosure language. Confirm that it explicitly mentions:
- Phone, SMS, and prerecorded or AI-generated voice communications
- Consent to be contacted using auto-dialers or AI systems
- Applicability to any phone number the consumer provides
If a creditor’s agreement doesn’t contain this, request an amendment or flag those accounts as non-consent so they stay out of AI campaigns.
2. Add a TCPA Clause in Your Client Contract
Protect yourself contractually by including a clause such as:
“Creditor warrants that it has obtained prior express consent from its customers allowing contact by phone, text message, or prerecorded/AI-generated voice for account servicing or debt collection purposes.”
This clause gives you leverage and documentation if there’s ever a challenge. Some agencies even negotiate lower commission rates when the client can verify consent coverage.
3. Use Consent Checkboxes in Your Payment Portal
If you provide a self-service payment portal, add a consent checkbox when consumers make payments or set up accounts.
Example language:
“By continuing, I consent to receive calls and text messages, including those made using an automated system or AI-generated voice, regarding my account.”
This creates a second, direct layer of express consent, especially helpful if a creditor’s data is incomplete.
4. Maintain a Centralized TCPA Consent Log
Track every account’s consent status in your system:
- Mark verified consent sources (creditor agreement, portal checkbox, etc.).
- Store timestamps and supporting documentation.
- Configure your AI agent to dial only numbers with verified consent.
Modern systems like Aktos can automate these compliance checks before each outbound call, ensuring time-zone validation and do-not-call screening happen in real time.
Clarifying What’s Covered (and What’s Not)
The TCPA covers any automated or prerecorded communication, including:
- AI-generated or synthetic voice calls
- Prerecorded messages
- Ringless voicemails
- Bulk text messages (SMS)
Manual calls or one-by-one texts generally fall outside TCPA’s “auto-dialer” definition after the Facebook v. Duguid ruling. But if your system uses AI or prerecorded voice, you must have consent. Always.
Handling Revocations and Edge Cases
If a consumer revokes consent, that revocation applies only to that specific phone number unless they issue a broader cease-and-desist request.
To stay compliant:
- Remove that number from automated calling lists.
- Continue manual outreach only if it’s still legally permissible.
- Log the revocation with a date and timestamp.
Some agencies deploy AI systems that automatically flag and block numbers in real time when consumers opt out via keypad or voice command.
TCPA Litigation Is Down, but Compliance Still Matters
TCPA lawsuits have dropped roughly ten-fold over the past decade, largely because Regulation F’s “7-in-7” contact limit reduced over-calling, once the top driver of complaints.
Still, the FCC’s 2024 ruling confirmed that AI phone agents are considered prerecorded voices under TCPA. Lawsuits may be rarer, but the rules still apply.
Agencies that document consent, confirm client contract language, and separate non-consent accounts can operate AI outreach confidently and compliantly.
Common Mistakes to Avoid
- Don’t have your AI agent ask for consent live if it already exists: you risk unnecessary “No” answers.
- Don’t treat verbal consent from a past call as blanket approval for new numbers.
- Don’t use skip-traced or third-party-sourced numbers unless the creditor’s consent clause covers “any number provided.”
- Don’t assume every creditor has proper language; check and update regularly.
The Smart Play: Collaboration and Documentation
TCPA compliance for AI phone agents isn’t about avoiding risk. It’s about building a repeatable, auditable process.
When agencies and clients collaborate during onboarding, review consent language carefully, and log everything centrally, they can safely leverage AI to improve recovery without inviting litigation.
AI phone agents are legal, efficient, and scalable, as long as your consent trail is clear.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Debt collection agencies should consult with legal counsel to ensure compliance with all applicable federal and state regulations.
