Home / AI voice and texting rules
Guide for loan officersAI voice agents and AI texts to mortgage leads: the TCPA rules
Last reviewed: November 9, 2026. General information, not legal advice. The TCPA allows private lawsuits with statutory damages, so have counsel review your consent language and calling program before you launch an AI voice or texting tool.
until the FCC's revised consent revocation rules take effect. They change how opt-outs work for robocalls and robotexts, including calls placed with an AI voice.
The short answer
If an AI voice places the call, the TCPA treats it like a prerecorded call. That means consent before you dial, your company name at the start of the message, a callback number, an easy way to opt out, and opt-outs honored quickly across every system. AI texting tools that follow up with leads sit under the same opt-out rules. None of this is new for robocalls; what is new is that the AI tools loan officers are buying now fall squarely inside it.
An AI voice is an "artificial voice"
"we confirm that the TCPA's restrictions on the use of 'artificial or prerecorded voice' encompass current AI technologies that generate human voices. As a result, calls that use such technologies fall under the TCPA and the Commission's implementing rules, and therefore require the prior express consent of the called party to initiate such calls absent an emergency purpose or exemption."FCC Declaratory Ruling FCC 24-17, paragraph 2 (February 8, 2024)
In plain English: An AI voice agent that calls a lead is an artificial voice call. You need consent first.
A conversational AI agent does not get treated as a live caller either: the ruling says the TCPA "does not allow for any carve out of technologies that purport to provide the equivalent of a live agent." It also names voice cloning as a covered technology. If you are thinking about an AI that speaks in a loan officer's voice, read the voice clone wire fraud playbook too: the same technology is what scammers use to redirect closing funds.
Which consent you need
The FCC rules split calls by purpose. An informational call with an artificial voice, such as a document reminder to an applicant, needs prior express consent. A call that includes an advertisement or is telemarketing, such as a rate drop pitch or a refinance offer, needs prior express written consent when it goes to a cell phone or a residential line (47 CFR 64.1200(a)(2) and (a)(3)).
"an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice, and the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered."47 CFR 64.1200(f)(9), definition of prior express written consent
In plain English: Written consent must name your company as the one allowed to call, cover automated or artificial voice marketing, and include the phone number.
The same definition requires a clear and conspicuous disclosure that the person is authorizing those calls and is not required to agree as a condition of buying anything. An electronic signature can count where federal or state law recognizes it.
What every AI voice message must say
"At the beginning of the message, state clearly the identity of the business, individual, or other entity that is responsible for initiating the call."47 CFR 64.1200(b)(1)
In plain English: Your AI's first words should be your company's registered business name.
The message must also give a callback number during or after the message (64.1200(b)(2)). Marketing calls must offer an automated voice or key-press opt-out within two seconds of the identification (64.1200(b)(3)).
Opt-outs: the rule today and from November 25, 2026
"All requests to revoke prior express consent or prior express written consent made in any reasonable manner must be honored within a reasonable time not to exceed ten business days from receipt of such request."47 CFR 64.1200(a)(10)
In plain English: When a lead says stop, in any reasonable way, every system must stop within ten business days at most.
Replies of "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe" to a text are a valid revocation under the same paragraph. On October 26, 2026 the FCC published changes to this paragraph that take effect November 25, 2026:
"we allow callers to interpret a revocation request as applying only to the specific category of informational robocalls to which the revocation was directed, allow callers to designate an exclusive means to revoke consent"FCC Report and Order FCC 26-67, summary published at 91 FR 67214 (October 26, 2026)
In plain English: An opt-out from one kind of informational message, such as document reminders, no longer has to stop every other informational message. And you may name one opt-out method, if you disclose it clearly on each call or text.
"Revocation requests made in response to robocalls that contain an advertisement or constitute telemarketing revoke consent to all future robocalls containing an advertisement or that constitute telemarketing from that caller."FCC 26-67
In plain English: Marketing is different: one opt-out from a marketing call or text stops all of your marketing robocalls and robotexts to that person.
The order also says a text can disclose the opt-out method with just one standardized word, for example "Reply STOP to opt out", but you must still honor all of the standardized words. If you do not designate an exclusive method, you must keep honoring requests made in any reasonable manner.
AI that answers your phone
The TCPA consent rules above apply to calls and texts you initiate. An AI receptionist that answers inbound calls is a different question: call recording consent laws apply if it records or transcribes (see AI notetakers and call recording), and state AI disclosure laws may require it to say it is AI. If the AI calls the borrower back later, that callback is an outbound call again.
Ten checks before you switch on an AI dialer or texting tool
- 1. Get the right consent before the first AI call. Informational calls with an AI voice need prior express consent. Marketing calls with an AI voice need prior express written consent, signed (an electronic signature can count), naming the number and authorizing your company. (47 CFR 64.1200(a)(2), (a)(3), (f)(9))
- 2. Keep the consent record. Save the form text, the date and time, the phone number and the page or source for every lead. If you buy leads, get the consent record that authorizes your company, not just the lead seller.
- 3. Open every AI voice message with who is calling. State your company's registered name at the start and give a callback number during or after the message. (47 CFR 64.1200(b)(1) and (b)(2))
- 4. Give marketing calls an automated opt-out. A marketing call with an artificial voice must offer a voice or key-press opt-out within two seconds of the identification, and it must add the number to your do-not-call list and end the call. (47 CFR 64.1200(b)(3))
- 5. Say it is AI. The TCPA rules above do not require the words "AI assistant", but several state laws do in some situations, and it avoids a deception problem. See AI chatbot disclosure rules.
- 6. Scrub marketing calls and texts against the Do Not Call Registry. Telephone solicitations to registered numbers are prohibited unless an exception applies, such as an established business relationship or the person's prior express invitation or permission. (47 CFR 64.1200(c)(2), (f)(15))
- 7. Respect calling hours. No telephone solicitation before 8 a.m. or after 9 p.m., local time at the called party's location. (47 CFR 64.1200(c)(1))
- 8. Honor opt-outs fast, everywhere. Process STOP replies, spoken opt-outs and other reasonable requests within ten business days at most, across every tool: AI dialer, texting platform, CRM and loan officers' own phones. (47 CFR 64.1200(a)(10))
- 9. Put it in the vendor contract. Ask the AI calling or texting vendor how it captures consent, logs opt-outs, sets calling hours by time zone and stops a campaign. Use the AI vendor due diligence questions.
- 10. Check state rules for your leads' states. Several states have their own telemarketing, calling-hour and AI disclosure rules. Map the states your leads live in and confirm with counsel.
Scripts you can copy
Hi, this is an AI assistant calling for [Company registered name], about the mortgage inquiry you sent us. You can reach a loan officer directly at [phone number].
If you do not want calls like this, press 9 or say "stop calling" now and we will add your number to our do-not-call list.
This is an AI assistant calling for [Company registered name] about your mortgage inquiry. Please call [Loan officer name] at [phone number]. To stop these calls, call that number and ask to be placed on our do-not-call list.
[Company registered name]: Hi [First name], this is our AI assistant following up on your mortgage inquiry. A licensed loan officer will review anything before you get rates or terms. Reply STOP to opt out.
By checking this box and clicking Submit, I agree that [Company registered name] may call and text me about mortgage products at the number I entered, including marketing calls and texts made with automated technology or an artificial or AI-generated voice. My consent is not a condition of any purchase or loan. Message and data rates may apply. I can opt out at any time, for example by replying STOP to a text.
Replace the bracketed parts. Leave the consent box unchecked by default and keep a copy of the exact wording each lead saw.
Put your calling and texting rules in front of every loan officer
The free BrokerLumen portal plan lets you publish your AI and outreach rules, have up to 10 staff acknowledge them and see who has not signed yet. Start free, then add a kit if you want the full policy, training deck and vendor questionnaires.
Start freeCompare kitsFrequently asked questions
Is an AI voice call a robocall under the TCPA?
Yes. In Declaratory Ruling FCC 24-17 (February 8, 2024) the FCC confirmed that the TCPA's restrictions on artificial or prerecorded voice calls cover current AI technologies that generate human voices, so those calls need the called party's prior express consent unless an emergency purpose or exemption applies.
What consent do I need for an AI voice marketing call to a mortgage lead?
Prior express written consent: a written agreement signed by the person, which can be an electronic signature, that clearly authorizes your company to deliver marketing calls using an automatic telephone dialing system or an artificial or prerecorded voice to a stated phone number, with a disclosure that consent is not a condition of purchase (47 CFR 64.1200(f)(9)).
What changes on November 25, 2026?
The FCC's revised consent revocation rules take effect. Callers may treat an opt-out from one category of informational robocalls as applying only to that category, and may designate one exclusive opt-out method if they disclose it clearly on each call or text. An opt-out from a marketing call or text still stops all marketing robocalls and robotexts from that caller.
How fast must I honor a STOP reply?
Within a reasonable time not to exceed ten business days from receipt, under 47 CFR 64.1200(a)(10). Make sure the opt-out reaches every system that can call or text the person.
Does the TCPA apply to an AI that answers inbound calls?
The TCPA consent rules apply to calls you initiate. An AI that answers inbound calls raises call recording consent and AI disclosure questions instead. A later callback by the AI is an outbound call again.