Compliance Considerations for Ai-Driven Cold Calling, SMS, and Emailing
Select a category below to explore tailored guidelines and best practices.
Cold calling, when executed by Ai voice agents, falls under the scope of several regulations, particularly the TCPA. This law regulates automated calls, ensuring that businesses are not overstepping boundaries when contacting individuals via AI.
Summary: The TCPA governs the use of automated telephone calls (robocalls), prerecorded voice messages, and autodialing systems to contact consumers. It requires businesses to obtain express written consent before placing calls using automated systems.
‍Key Compliance Points:
• Ai agents must call only during appropriate hours (between 8 a.m. and 9 p.m. local time). • Ensure numbers are scrubbed against the
‍National Do Not Call Registry.
• Ai agents must provide an opt-out mechanism at the beginning of the call.
• Ai-driven calls should disclose that the caller is an Ai agent if relevant, as deceptive practices could lead to lawsuits.
State-Level Considerations: Some states, such as Florida and Texas, have additional restrictions on automated calls, including prior consent and registration requirements. Please check your local regulation guides for compliance information.
California Consumer Privacy Act (CCPA)
• CCPA requires businesses to disclose how they collect and use personal data, including phone numbers used for outreach. It provides consumers the right to know, delete, and opt-out of the sale of their personal information
Text messages sent by AI agents are subject to many of the same regulations as voice calls, particularly under the TCPA, with additional requirements for commercial messages under laws like Canada’s Anti-Spam Legislation (CASL)
Like automated voice calls, text messages sent using AI agents require prior express written consent from the recipient. The same opt-out mechanisms must be present, and businesses must honor opt-out requests immediately.
‍Key Compliance Points:
• Texts must include clear opt-out instructions, such as “Reply STOP to unsubscribe.”
• Ensure prior consent is explicitly obtained before sending any marketing-related texts using AI.
• Keep detailed records of consent in case of disputes.
CASL regulates the sending of commercial electronic messages (CEMs), including text messages. It requires express or implied consent before sending texts and mandates clear identification of the sender.
‍Key Compliance Points:
• All messages must include the sender’s contact information and an unsubscribe option.
• Consent should be either expressed (clear agreement) or implied (based on an existing relationship).
For businesses communicating with EU residents, GDPR’s stringent data privacy rules apply. Text messages sent by AI agents must comply with rules around consent, data protection, and transparency.
‍Key Compliance Points:
• Consent for marketing texts must be explicit and freely given.
• Recipients should be informed of their right to access, rectify, and delete their data.
Email communication through AI agents also falls under specific regulations that govern how commercial emails are sent and how consent is obtained.
The CAN-SPAM Act regulates commercial email communication, requiring all marketing emails to contain clear identification, opt-out mechanisms, and a valid physical postal address. Fines for non-compliance can be as high as $43,792 per violation.
‍Key Compliance Points:
• AI-driven emails must not use deceptive subject lines or header information. • Include a clear opt-out mechanism in every email.
• Ensure the business’s postal address is included in the email footer.
• Opt-out requests must be honored within 10 business days.
GDPR’s rules extend to email marketing, where AI agents must obtain explicit consent before sending emails to individuals in the EU. GDPR also requires businesses to allow individuals to withdraw consent easily and access or delete their personal data.
‍Key Compliance Points:
• Email marketing to EU residents requires opt-in consent.
• Recipients must be able to unsubscribe easily, and their personal data should be handled in accordance with GDPR’s strict rules.
Beyond legal compliance, the ethical use of AI in communication is essential for maintaining trust with consumers