Key takeaways
- In February 2024 the FCC ruled that AI-generated voices are “artificial” under the TCPA, so AI voice calls follow the same rules as prerecorded calls.
- AI voice calls to cellphones need the person's prior express consent, including calls from nonprofits.
- Nonprofit artificial-voice calls to home lines are limited to three in any 30-day period and must name the caller and offer an automated opt-out.
What the FCC ruled
In a unanimous Declaratory Ruling (FCC 24-17) adopted Feb. 2, 2024, the FCC found that the TCPA's limits on calls using an “artificial or prerecorded voice” cover today's AI technologies that generate human-sounding voices, including voice cloning. The ruling didn't ban AI calls. It confirmed they're subject to the same consent and disclosure rules as other artificial-voice calls.
Calls to cellphones
Calls to cellphones that use an artificial or prerecorded voice need the person's prior express consent, unless an exemption such as an emergency applies. Being a nonprofit doesn't change that. If you plan to use an AI voice, make sure you have consent on file for every mobile number on the list.
Calls to home phones
FCC rules let tax-exempt nonprofits make artificial or prerecorded voice calls to residential lines without consent, but only up to three calls in any consecutive 30-day period, and they must honor requests to opt out. Organizations relying on this exemption must also keep a do-not-call list.
What every artificial-voice call must include
- At the start, the name of the organization responsible for the call.
- A phone number the person can call.
- For calls to home lines under the exemption, an automated voice or keypress opt-out, offered within two seconds of the identification, that lets the person ask not to be called again.
If a vendor calls for you
For-profit telemarketers calling for a charity also follow the FTC's Telemarketing Sales Rule, which bars cold prerecorded calls and allows prerecorded calls only to a charity's members or previous donors, with an opt-out. Before you hire a vendor that uses AI voices, ask how it gets consent, how it identifies your organization and how it handles opt-outs. See our do-not-call rules for charities.
Why many nonprofits still choose live callers
Donors give to people and causes they trust. A live caller can listen, answer questions and thank a donor in a way a recording can't, and live calls aren't subject to the artificial-voice limits above. Live calls still follow the other rules, such as calling hours and do-not-call requests.
Before you use an AI voice
- Confirm you have prior express consent for every mobile number.
- Limit nonprofit calls to home lines to three in any 30 days.
- Name your organization at the start and give a callback number.
- Offer an automated opt-out, and keep a do-not-call list.
- Ask vendors how they meet the FCC and FTC rules.
- Check state laws, which are changing quickly.
How KFG helps
KFG campaigns use live, trained callers, so donors talk with a person. Learn more about phone fundraising or compare phone fundraising companies.
Related: do-not-call rules for charities, texting rules for nonprofits, AI voice fundraising calls and fundraising call rules by state.