Is it legal to use AI to answer my business calls?
By the Fullday team. Published
In the US, generally yes, with rules to follow. Using AI to answer calls customers make to your local business is a different case from robocalls, which generally need the called person's consent. Rules and good practice still apply to recording calls, texting and being honest that it's AI. This is general information, not legal advice; check with a lawyer for your state.
How is answering calls different from robocalls?
The FCC's February 2024 ruling on AI voices is about calls you make, not calls you receive. It says AI-generated voices count as "artificial" voices under the Telephone Consumer Protection Act, so robocalls using them generally need the called person's prior express consent, like prerecorded calls.
When a customer dials your number and an AI picks up, the customer started the call. If you ever use AI to call people, such as old leads or past customers, the robocall consent rules apply to those calls.
Do you need consent to record calls?
It depends on the state. Some states require everyone on the call to agree before it's recorded, and your callers may be in a different state from you. A simple step is to tell every caller at the start that the call may be recorded, then ask your lawyer whether that's enough.
What are the rules for texting customers back?
Texting has its own rules. Automated texts generally need the person's consent, and the bar is higher for marketing texts. US carriers also require business texting registration before texts from a new number deliver reliably. Text only people who reached out or agreed to hear from you, and stop the moment someone replies STOP.
Should you tell callers they're talking to AI?
Yes, at the very least whenever they ask. Pretending software is a person misleads the caller, and some states have their own rules on disclosing bots and AI. Never let it claim to be a named member of your staff. If you work in health care, law or finance, ask a lawyer about any extra rules your industry has for calls and records.
What does Fullday do about this?
Fullday answers calls people make to your business. Callers hear a notice that the call may be recorded, and you can turn recording off. If a caller asks, it says it's your office's AI assistant. The follow-up agent texts only people who reached out or agreed to hear from you, and stops for anyone who replies STOP.
New numbers go through carrier texting registration first. None of this replaces advice for your state and industry, so show your lawyer how it's set up.
Sources
What Fullday sets up for this
- Voice agent. Answers your phone day and night, books the visit and puts urgent calls through to you.
- Text agent. Answers texts, Instagram and Facebook messages and website chat in seconds.
- Follow-up agent. Texts every lead who hasn't booked, on days 1, 3, 7 and 14, until they book or say no.
Plans start at $497 a month with a 7-day free trial, no contract.
A screen from the demo business. The people and numbers are sample data.
Related questions
Is an AI answering my phone the same as a robocall?
No. A robocall is a call placed to someone using an automated or artificial voice, and those generally need consent. An AI that answers when a customer calls you is responding to their call. Recording and texting rules still apply.
Do I need to tell callers the call is recorded?
In some states everyone on the call must agree to recording, so telling every caller at the start is the safer habit. A lawyer can tell you whether a spoken notice is enough where you and your callers are.
What do I need before an AI texts people who called?
Consent to text them, a business texting number registered with the carriers, and an opt-out that works the moment someone replies STOP. What counts as consent depends on what you send, so check marketing texts with a lawyer.
Every call answered. Every lead followed up.
Fullday answers calls, texts and chats, books into your calendar and follows up every lead. Try it free for 7 days.