Jan 1, 2025
Jul 10, 2025
1. Regulatory Summary: The Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA), related Federal Communications Commission (FCC) regulations, and court interpretations protect consumers from specific types of telemarketing and automated communications. The TCPA primarily governs outbound calls and texts. It does not generally apply to inbound communications initiated by the consumer. Under the TCPA, "telemarketing" is defined as "the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person." (47 C.F.R. 64.1200(f)(12))
The TCPA mandates that businesses and organizations making automated calls or texts must:
Maintain a Do Not Call Policy and provide copies to requesting consumers
Only make calls between 8:00 AM and 9:00 PM (local time of the person being called)
Only make calls and texts to numbers not on the National Do Not Call Registry
Only make calls and texts to numbers not on the business's internal do not call list
Obtain prior express written consent before using automatic telephone dialing systems (ATDS) to call cell phones
Obtain consent before using artificial or prerecorded voice messages to consumers
Provide clear caller identification including the caller's name and location
Provide easy opt-out mechanisms during and after calls
Maintain comprehensive records of consent and calling activities
In addition to complying with the TCPA, you must also comply with all applicable state-level laws that may govern telemarketing, automated calls, or the use of AI-generated voices. Many states have enacted their own regulations that may be more restrictive than federal requirements.
Types of Consent:
Prior Express Written Consent (PEWC):
A signed written agreement from the recipient (electronic signatures under E-SIGN Act are valid).
The agreement must feature a clear and conspicuous disclosure stating that:
The recipient authorizes [Your Company Name] to make automated calls using an artificial/prerecorded voice to the specific phone number provided; AND
Consent is not a condition of purchasing any goods or services.
Sample: ”By checking this box and providing my phone number, I agree to receive automated marketing calls from [Your Company Name], including using an AI-generated voice, at the number provided. Consent is not a condition of any purchase.”
Prior Express Consent (PEC):
The consumer must have given permission to be contacted at the number provided for informational purposes (e.g., providing a phone number for appointment reminders or account updates). While not always requiring a written agreement like PEWC, consent must still be express and affirmative.
Sample: ”Please provide your phone number if you’d like to receive [e.g., appointment reminders, service updates] from [Your Company Name], including automated calls using an AI-generated voice.”
Understanding “Marketing”
Under the TCPA, a call is generally considered “marketing” if its purpose is to:
Encourage the purchase or rental of, or investment in, property, goods, or services.
Advertise the commercial availability or quality of any property, goods, or services.
If your call includes any promotional content, it will likely be classified as marketing, requiring PEWC
2. Customer Responsibility for TCPA Compliance
VoiceAIWrapper provides a white-label frontend layer for voice AI agent services. Our platform enables agencies and service providers to package, distribute, and manage voice AI solutions under their own brand and domain. We are committed to supporting our customers in the compliant and responsible use of voice AI technologies while respecting consumer privacy rights and telecommunications regulations. That said, it is the primary responsibility of our customers to ensure that their use of our platform complies with all applicable laws and regulations, including the TCPA. This responsibility includes, but is not limited to:
2.1 Consent Management
Obtaining proper prior express written consent from consumers before initiating AI powered calls or texts to cell phones
Ensuring consent includes clear disclosure of the use of AI technology
Maintaining comprehensive records of all consent agreements
Implementing systems to honor consent withdrawal requests immediately
2.2 Do Not Call Compliance
Regularly scrubbing calling lists against the National Do Not Call Registry, unless an exception (like valid PEWC) applies.
Maintaining and respecting internal do not call lists
Processing opt-out requests within required timeframes
Understanding and properly applying established business relationship exemptions
2.3 Call Practices
Respecting calling time restrictions (8:00 AM to 9:00 PM local time)
Providing proper caller identification during all calls
Ensuring all telemarketing practices align with TCPA requirements
Limiting call frequency to reasonable levels
Providing easy opt-out mechanisms during calls
2.4 Voice AI Specific Obligations
Clearly disclosing the use of artificial intelligence in voice communications
Ensuring AI-generated calls provide accurate caller identification
Configuring voice AI systems to honor opt-out requests appropriately
Training staff on proper use of voice AI technology in compliance contexts
Our customers are solely responsible for understanding and complying with all legal requirements related to their use of VoiceAIWrapper's voice AI technologies.
3. VoiceAIWrapper's Commitment to Facilitating TCPA Compliance
While the primary responsibility for TCPA compliance rests with our customers, VoiceAIWrapper is committed to supporting our customers' compliance efforts through technology design, education, and support:
3.1 Compliant Technology Architecture
We ensure that our platform is designed with TCPA compliance in mind:
Campaign Consent Requirements: Our platform requires customers to acknowledge TCPA compliance obligations through a mandatory consent process when creating outbound campaigns, serving as a compliance reminder and documentation
Time Zone and Scheduling Controls: Built-in time zone management and call scheduling capabilities with helpful reminders when attempting to schedule calls outside permitted hours (8 AM to 9 PM local time)
Do Not Call Management: Lead management features that allow customers to mark contacts as "Do Not Call" and maintain proper suppression lists within their campaigns
Voice Provider Integration: Platform connects with voice AI providers (Vapi, Retell, ElevenLabs, etc.) that customers must configure for TCPA-compliant operations, including proper consent management and dialing practices
Compliance Documentation: Campaign creation process includes TCPA compliance acknowledgments and reminders to help customers understand their regulatory obligations
3.2 Educational Resources and Guidance
VoiceAIWrapper personnel provide guidance to help customers achieve compliant use of our technology:
Comprehensive educational resources on TCPA requirements and best practices
Regular updates on changes to TCPA regulations and enforcement
Consultation on implementing voice AI technology in compliance-focused environments
4. Voice AI Specific TCPA Considerations
The use of artificial intelligence in voice communications presents unique considerations under the TCPA:
4.1 AI Disclosure Requirements
Clear and immediate disclosure that the call is generated by artificial intelligence
Honest representation of AI capabilities and limitations
Availability of human representatives when requested by call recipients
Prohibition on using AI to deceive or mislead call recipients
4.3 Voice Synthesis and Cloning Considerations
Obtaining proper consent for any voice synthesis or cloning technology
Avoiding deceptive use of synthesized voices
Ensuring voice AI maintains caller identification requirements
Implementing safeguards against voice impersonation
5. Training and Compliance Education
VoiceAIWrapper maintains a comprehensive compliance education program:
All customer-facing employees receive regular training on TCPA requirements
Technical staff are educated on compliance implications of platform features
Regular updates and refresher training on regulatory changes
Customer training programs and certification opportunities
Best practice sharing and compliance case studies
6. Reporting Compliance Concerns
If you have concerns about TCPA compliance related to our platform or need guidance on compliant usage, please contact our Compliance Team immediately. We are committed to addressing compliance issues promptly and effectively.
Types of concerns we can help address:
Questions about platform feature compliance
Technical issues affecting compliance capabilities
Implementation guidance for specific use cases
7. Disclaimer and Limitation of Responsibility
Important Legal Notice: While VoiceAIWrapper is committed to providing TCPA-compliant technology and comprehensive compliance support, we cannot guarantee or assume responsibility for our customers' compliance with TCPA or any other applicable laws and regulations.
Each customer's compliance obligations may vary based on:
Specific use cases and calling practices
Industry-specific regulations
Geographic jurisdiction and applicable state laws
Target audience and call recipient characteristics
Integration with other systems and technologies
Customers are strongly advised to seek independent legal counsel to ensure their specific use of VoiceAIWrapper technology complies with all applicable laws and regulations.
For general questions about VoiceAIWrapper services, please contact our standard support channels. For specific TCPA compliance questions, regulatory guidance, or compliance-related technical issues, please use the compliance-specific contact information above.