Key Takeaways
- TCPA violations cost $500-$1,500 per call: A sales team making 2,000 calls weekly faces $100,000-$300,000 liability if just 10% of calls violate federal regulations.
- Federal vs. state laws differ significantly: The Supreme Court's Duguid decision (2021) narrowed the federal ATDS definition, but states like Florida have broader autodialer definitions. Federal compliance does not equal state compliance.
- AI voices are "artificial" under TCPA: The FCC's February 2024 ruling means AI Call Agents require prior express consent to call cell phones. Landlines remain safe for AI outreach.
- One-click phone classification protects your team: AvairAI automatically segments contacts into CAN_CALL_AI (landlines), CAN_CALL_MANUAL (cell phones) and CANNOT_CALL (DNC listed) categories.
- New 2025 rules require faster opt-out processing: The FCC's April 2025 rules mandate honoring revocation requests within 10 business days using any reasonable method.
Introduction: Why Sales Leaders Fear the Phone
The Telephone Consumer Protection Act (TCPA) is a federal law that restricts telemarketing calls, automated dialing systems (autodialers), prerecorded messages, and unsolicited faxes/texts to protect consumers from unwanted contact. For B2B sales leaders, the phone has become a source of fear. They know direct conversations build pipeline faster than email. But TCPA compliance confusion has created paralysis. Stories of multi-million dollar fines make cold calling feel like a legal minefield.
This fear leaves sales teams stuck. They can ignore the risk and hope for the best. Or they can retreat to crowded email inboxes where response rates keep dropping. Neither option builds the pipeline you need.
Most organizations lack a clear TCPA compliance process. They rely on outdated manual checks, incomplete data and general anxiety. That approach fails when a single compliance mistake can cost hundreds of thousands of dollars.
This guide replaces fear with confidence. You will learn the key components of TCPA compliance, the National Do-Not-Call Registry and state-level regulations that govern B2B cold calling. More importantly, you will see how AvairAI's built-in TCPA compliance system automates protection so you can focus on closing deals.
TCPA compliance is not just about avoiding lawsuits. It is a competitive advantage. Companies that call compliantly build trust with prospects. They stand out from the spam callers who give phone prospecting a bad name.
It is time to call with confidence. This is how Pair Selling makes it possible: AI handles the TCPA compliance complexity while you focus on what humans do best, building relationships and closing deals.
Chapter 1: The High Stakes of TCPA Non-Compliance
Before building a TCPA compliance strategy, you must understand the risks. The legal and financial penalties for violating telemarketing regulations are not theoretical. They are a clear danger to any business using cold calling for prospecting.
Headlines regularly feature companies hit with crippling fines. Class-action TCPA lawsuits have bankrupted businesses. Understanding the specific regulations and consequences is the first step toward building a compliant calling program.
The TCPA: What Every Sales Leader Must Know
The Telephone Consumer Protection Act became law in 1991. Its goal was protecting consumers from unwanted telemarketing calls. While technology has changed dramatically, TCPA core principles still apply. Courts and regulators continue interpreting the law to cover modern technologies including AI-powered calling.
For B2B sales leaders focused on TCPA compliance, three components matter most:
1. Automatic Telephone Dialing Systems (ATDS) Restrictions
The TCPA limits using autodialers to make calls. The legal definition of ATDS was significantly clarified by the U.S. Supreme Court in Facebook v. Duguid (April 2021).
The Duguid Decision: The Supreme Court unanimously ruled that to qualify as an ATDS under the TCPA, equipment must use a random or sequential number generator to either store or produce phone numbers. This is a narrow definition. Most modern CRM-based dialers that call from pre-loaded contact lists do NOT qualify as an ATDS under federal law.
Why This Matters for Sales: The Duguid decision was favorable for B2B sales teams. If your dialing system simply calls numbers from a pre-populated list (like your CRM), it likely falls outside the federal ATDS definition. However, state laws like Florida's have broader definitions. Never assume federal TCPA compliance equals state compliance.
The critical point: calling a cell phone using an ATDS without prior express written consent still violates the TCPA when the equipment qualifies under Duguid. More importantly, the restrictions on artificial or pre-recorded voices apply regardless of dialer type.
2. Artificial or Pre-recorded Voice Restrictions
The TCPA prohibits calls using artificial or pre-recorded voices to cell phones or residential lines without prior consent. This provision directly affects AI Call Agent usage.
The FCC AI Voice Ruling (February 2024): The FCC unanimously ruled that AI-generated voices are "artificial" under the TCPA. This means calls using voice cloning, text-to-speech or any AI-generated voice technology require prior express consent before calling cell phones. The ruling took effect immediately.
What This Means for AI Call Agents: Any outbound call using AI voice technology to a cell phone requires prior express written consent from the recipient. This is why AvairAI's phone classification system is critical. AI Call Agents can safely call landlines, but cell phones require either human-dialed calls or documented prior consent.
3. The National Do-Not-Call Registry
The TCPA created the National DNC Registry. Consumers add their numbers to signal they do not want telemarketing calls. Calling a number on the DNC list is illegal for most businesses. TCPA compliance requires scrubbing your lists against this registry before any cold calling campaign.
Text Messages Are Covered: The FCC has codified that DNC Registry protections apply to text messages as well as calls. Sending marketing texts to numbers on the DNC list violates the TCPA just like calling them would. This affects multi-channel outreach campaigns that combine calls, emails and SMS.
The Financial Cost of TCPA Violations
TCPA penalties are severe because they calculate on a per-call basis. This makes financial risk enormous for any cold calling program.
| Violation Type | Penalty Per Call | Example: 200 Violations |
|---|---|---|
| Standard TCPA violation | $500 | $100,000 |
| Willful TCPA violation | $1500 | $300,000 |
Consider a small sales team making 2,000 cold calls weekly. If 10% of those calls violate TCPA compliance rules, the liability for one week alone reaches $100,000. If violations are deemed willful, that jumps to $300,000.
Now imagine a larger team or an AI-powered cold calling campaign making tens of thousands of calls. Potential liability quickly reaches millions. Multi-million dollar TCPA settlements are common, not rare.
Beyond financial costs, TCPA lawsuits devastate reputation. Being labeled a spammer erodes customer trust. It damages your brand. It makes hiring top talent harder. The negative perception lasts longer than any fine.
The B2B Reality: It's Complicated
A common question: does the TCPA apply to B2B calls? The answer is nuanced, not simple.
What's True:
- The DNC Registry has exemptions for calls to business lines (not cell phones used for business)
- The Duguid decision (2021) narrowed the federal ATDS definition significantly. Most CRM-based dialers that call from pre-loaded lists do NOT qualify as autodialers under federal law
- This was a major win for B2B sales teams using standard dialing technology
What's Still Risky:
- AI-generated voice restrictions apply to ALL cell phone calls regardless of B2B context (per FCC's February 2024 ruling)
- State laws like Florida's have much broader autodialer definitions that cover most modern dialers
- The line between personal and business cell phones has blurred completely. Most professionals use personal phones for work
The Bottom Line: Federal law after Duguid is more favorable for B2B cold calling than many believe. But AI voice calls to cell phones still require consent, and state laws can impose stricter requirements. A proactive, technology-driven approach to TCPA compliance remains the only safe path forward.
Chapter 2: Three Pillars of a TCPA Compliant Calling Program
Given the risks from Chapter 1, building a compliant cold calling program is not optional. It is foundational for any B2B organization using phone prospecting.
A modern, defensible TCPA compliance strategy rests on three pillars: Data Management, Consent and DNC Management, and Technology Controls. Addressing each pillar creates a framework that mitigates legal risk while improving outreach effectiveness.
Pillar 1: Data Management for TCPA Compliance
TCPA compliance begins with your data. An accurate, well-maintained contact database is the foundation of any compliant cold calling program. You cannot honor communication preferences without reliable tracking. You cannot avoid illegal cell phone calls without knowing which numbers are cell phones.
Accurate Number Classification
The most critical data point for TCPA compliance is phone number type. Is it a landline or cell phone? This cannot be done manually with any accuracy. Modern compliance programs need automated processes for identifying and flagging cell phone numbers.
Data Hygiene and Maintenance
Contact data decays rapidly. People change jobs. Phone numbers get disconnected. Information becomes outdated. Regular cleaning and updating is essential for both compliance and efficiency. This includes removing invalid numbers, updating contact information and verifying employment status.
Centralized Data Source
Contact data should live in a centralized system, typically your CRM. This single source of truth prevents outdated lists from spreading. It ensures all communication preferences and opt-outs are captured in one place. Scattered data creates TCPA compliance gaps.
Pillar 2: Consent and DNC Management
The second pillar of TCPA compliance is rigorous consent and Do-Not-Call management. The TCPA gives individuals the right to control who contacts them and how. A compliant organization respects these rights with clear systems.
National and State DNC Registry Scrubbing
Before any cold calling campaign, your list must be scrubbed against the National DNC Registry and applicable state DNC lists. This is a non-negotiable legal requirement. TCPA compliance is impossible without this step.
Internal DNC List Management
Your organization must maintain its own internal DNC list. When a prospect asks not to be called again, their number goes on this list immediately. Your systems must prevent future calls to these numbers. The process needs to be simple, reliable and auditable.
Managing Consent
For cold calling to cell phones using an ATDS or artificial voice, the TCPA requires prior express written consent. This is a high bar in B2B prospecting. Your TCPA compliance program must clearly define valid consent and track it systematically. Without such consent, cell phones cannot be called with restricted technology.
Pillar 3: Technology Controls for TCPA Compliance
The third pillar is technology that enforces compliance rules automatically. Relying on individual salespeople to follow complex TCPA compliance rules manually is a recipe for disaster. Human error is inevitable. Consequences are too severe.
Modern TCPA compliance programs build protection into technology. Compliance becomes the default. Non-compliance becomes difficult or impossible.
This is where AvairAI provides transformative advantage. The platform automates complex compliance work, building protection around your cold calling program.
Key Technology Controls:
- Automated Number Classification: AvairAI classifies each number as landline or cell phone automatically. This provides the foundational data for TCPA compliant strategy.
- Automated DNC Scrubbing: The platform scrubs lists against national and state DNC registries. It also checks a proprietary database of known TCPA litigators.
- One-Click Phone Classification: AvairAI's breakthrough TCPA compliance system automatically segments your list into three categories:
- CAN_CALL_AI: Landlines safe for AI Call Agent outreach
- CAN_CALL_MANUAL: Cell phones requiring manual dialing to mitigate TCPA risk
- CANNOT_CALL: Numbers on DNC lists that cannot be called at all
This automated segmentation is the ultimate safety net. It removes the TCPA compliance burden from individual salespeople. It builds protection into the technology itself. You can confidently use AI cold calling where it is safe while maintaining strict processes for higher-risk numbers.
Chapter 3: The Sales Leader's TCPA Compliance Playbook
Understanding TCPA compliance principles is one thing. Implementing them in a busy, quota-driven sales environment is another. This chapter provides a practical playbook for building and managing a compliant cold calling program.
This is not a one-time project. It is an ongoing process requiring clear policies, the right technology and a culture of compliance. Following this playbook moves you from reactive fear to proactive confidence.
Step 1: Conduct a TCPA Compliance Audit
You cannot fix problems you do not understand. The first step is auditing your current processes, data and technology. This creates a baseline and identifies your biggest TCPA compliance risks.
Your audit should answer:
- Data Sources: Where do your cold calling lists come from? Third-party vendors? Inbound leads? How old is your data?
- Data Quality: What percentage of your database is classified as landline vs. cell phone? How often do you clean and update data?
- DNC Management: Do you scrub lists against the National DNC Registry? Do you maintain an internal DNC list reliably?
- Consent: How do you obtain and track consent? How is it documented?
- Technology: What dialing technology do you use? Does it enforce TCPA compliance rules?
- Training: Do you have a written telemarketing policy? Is your team trained on it?
The results will likely be eye-opening. They will provide the business case for investing in robust TCPA compliance.
Step 2: Develop a Written Telemarketing Policy
Once you understand your current state, create a formal written telemarketing policy. This document is the constitution of your cold calling program. It should be clear and easy for every sales team member to understand.
Develop it with legal counsel to ensure alignment with federal and state laws. Your TCPA compliance policy should include:
- A clear commitment statement to TCPA compliance
- Rules for using dialing technology, including cell phone policies
- Procedures for scrubbing lists against DNC registries
- A clear process for handling internal DNC requests
- Guidelines for obtaining and documenting consent
- Rules for calling times (federal: 8 a.m. to 9 p.m.; some states like Florida: 8 a.m. to 8 p.m. in recipient's time zone)
- Scripts that identify your company and call purpose
- Consequences for policy violations
This policy is not just a legal document. It is a critical training and management tool for TCPA compliance.
Step 3: Implement TCPA Compliance Technology
Manual processes cannot enforce your policy reliably. The cornerstone of modern TCPA compliance is technology that automates and enforces your rules. Your sales engagement platform choice is critical.
When evaluating technology for TCPA compliance, look for:
- Tracking of consent: The tracking of prior permission of a prospect or customer to allow contact via automated dialing is important.
- Automated Number Classification: Automatic identification of landlines vs. cell phones
- Automated DNC Scrubbing: Integration with national and state DNC lists
- Configurable Calling Rules: Ability to prevent AI from calling cell phones
- Detailed Audit Trails: Reports showing who was called, when and what compliance checks were performed
A platform like AvairAI has TCPA compliance built into its DNA. By implementing such technology, you build a fortress around your cold calling program.
Step 4: Train Your Team on TCPA Compliance
Technology enables TCPA compliance but does not replace a trained team. Every sales team member using the phone must understand your telemarketing policy and how to use your technology properly.
TCPA compliance training should be mandatory for new hires. Refresh it regularly for existing team members.
Building a compliance culture goes beyond formal training:
- Lead by Example: Sales leaders must demonstrate commitment to TCPA compliance in words and actions
- Celebrate Compliance: Recognize team members who demonstrate strong ethical prospecting commitment
- Create Safe Spaces for Questions: Your team should feel comfortable raising TCPA compliance concerns without fear
When TCPA compliance becomes a shared value, it stops being a burden. It becomes a source of professional pride.
Step 5: Monitor and Adapt Your TCPA Compliance Program
TCPA compliance is not "set and forget." The legal landscape constantly changes. Your processes must adapt.
Establish regular monitoring and auditing of your cold calling program. Review call logs. Check DNC lists. Stay current on legal rulings and regulatory changes. Continuous monitoring ensures your program remains both effective and compliant.
Chapter 4: How Poor Data Quality Undermines TCPA Compliance
The legal risks of TCPA non-compliance are visible. A more subtle risk gets overlooked: poor contact data quality. A cold calling program built on inaccurate, outdated data is not just inefficient. It is a TCPA compliance time bomb.
Every wrong number dialed is wasted time. Every call to someone who left their job is a potential violation. Every unverified cell phone call is legal risk. In modern sales, data quality is not an IT issue. It is a strategic TCPA compliance imperative.
The High Cost of Bad Data for TCPA Compliance
Bad data drains resources and threatens success in three ways:
Wasted Time and Resources
Salespeople working with bad data waste their most valuable asset: time. Every minute spent on wrong numbers or voicemails for people who left the company is not spent on revenue activities. This hidden cost directly impacts your bottom line.
Damaged Brand Reputation
Every outreach based on bad data is a negative brand impression. It signals sloppiness. High email bounce rates damage sender reputation. Your legitimate emails get flagged as spam. Bad data undermines your entire outreach program.
Increased TCPA Compliance Risk
Poor data quality directly threatens TCPA compliance. If you cannot accurately identify cell phones in your database, you cannot build a compliant cold calling strategy. If you do not track job changes, you risk contacting people inappropriately. In TCPA compliance, what you do not know can hurt you.
AvairAI's Two-Layered Approach to Data Quality and TCPA Compliance
Recognizing that data quality underpins TCPA compliance, AvairAI built a sophisticated two-layered verification system into its platform. This ensures your outreach is always based on accurate, current information. Learn more about this in our post on AI-Powered Contact Verification.
Layer 1: Email and Phone Number Verification
Before any campaign launches, AvairAI runs comprehensive verification on every email address and phone number. This process uses technical checks and real-time validation to:
- Remove invalid email addresses: This dramatically reduces bounce rates. Organizations using this feature have seen bounce rates drop from 30% to under 2%.
- Verify phone numbers: The system confirms each number is valid and in service. This reduces time wasted on wrong numbers and improves TCPA compliance accuracy.
Layer 2: Employment Verification
The second layer automatically verifies employment status for every contact. It ensures people still work at the target company. This prevents wasted time and reputation damage from contacting people no longer in target roles. It also supports TCPA compliance by maintaining accurate, current contact data.
This two-layered approach provides accuracy impossible with manual processes. It is foundational for both TCPA compliance and high-performing sales programs.
From Data Quality to Sales Intelligence
Good data is not just about avoiding risk. It creates competitive advantage. When you have confidence in your data, you can move faster and make smarter decisions. A clean database is the foundation of sales intelligence. It enables:
- Confident personalization of outreach
- Precise market segmentation
- Better lead scoring and prioritization
- More accurate forecasting
TCPA compliance and performance are two sides of the same coin. Investing in data quality and the technology to maintain it means building a more intelligent, efficient revenue engine.
Chapter 5: The Future of TCPA Compliance and Sales Regulations
Sales compliance is not static. It evolves with new technologies, regulations and societal expectations. Staying ahead of changes is not just legal diligence. It is strategic foresight.
Organizations that anticipate and adapt to future TCPA compliance requirements will continue innovating. Those caught flat-footed will face increasing legal risks. This chapter explores trends shaping the future and steps you can take today.
Trend 1: State-Level TCPA Regulations Are Multiplying
While the TCPA is the primary federal telemarketing law, states are enacting their own stricter regulations. Florida, Oklahoma and Washington have passed "mini-TCPA" laws with unique autodialer definitions, consent requirements and penalties.
Florida's Mini-TCPA (July 2021): Florida enacted its Telephone Solicitation Act as a direct response to the Supreme Court's Duguid decision. Key differences from federal TCPA:
- Broader autodialer definition: Florida defines "auto-dialer" as any automated system for selecting or dialing numbers or playing recorded messages. No random/sequential number generator required. Most CRM-based dialers that escape federal ATDS definition are covered under Florida law.
- Stricter call limits: Maximum 3 calls to the same number within any 24-hour period, regardless of phone number used to make the call.
- Shorter calling hours: Calls allowed only 8 a.m. to 8 p.m. in recipient's time zone (federal allows until 9 p.m.).
- Enhanced consent requirements: Prior express written consent (PEWC) must include specific disclosures about automated communications and the right to withhold consent.
- Florida area code presumption: Calls to Florida area codes are presumed to be made to Florida residents.
The stakes are high: Florida's Mini-TCPA carries $500-$1,500 per-violation penalties with a private right of action. A company could be federally compliant but face massive liability under Florida law.
This creates a complex, fragmented legal landscape. More states will likely introduce their own B2B communication rules. A one-size-fits-all approach to TCPA compliance will not suffice.
You need a compliance program flexible enough to adapt to state-level rules. This makes technology platforms that manage complex rule sets even more critical.
Trend 2: 2025 FCC Rule Changes
The FCC adopted significant new TCPA rules that sales leaders must understand:
New Opt-Out Rules (Effective April 2025): The FCC's consent revocation rules make it easier for consumers to revoke consent. Key requirements:
- Any reasonable revocation method: Consumers can revoke consent by saying or texting "Stop," "Quit," "Cancel," "Opt-Out," "Unsubscribe," "Revoke" or "End." No specific format required.
- 10 business day deadline: Organizations must honor Do-Not-Call and revocation requests within 10 business days.
- Limited follow-up: After receiving a revocation request, you may send only one follow-up message seeking clarification, and it must be sent within 10 minutes.
The One-to-One Consent Rule (On Hold): In December 2023, the FCC adopted rules requiring "one seller at a time" consent, intended to close the "lead generator loophole." However, the Eleventh Circuit vacated this rule in January 2025, finding the FCC exceeded its statutory authority. The effective date has been postponed to January 2026. Watch this space for developments.
Trend 3: Privacy Regulations Are Expanding
Data privacy regulations like GDPR in Europe and CCPA in California have established new standards for collecting and using personal data. While not specifically about cold calling, they represent a broader movement giving individuals more control over their information.
Expect data privacy principles to become more integrated into sales compliance. Transparency, data minimization and purpose limitation will matter more. Data governance will become an even more critical TCPA compliance component.
Trend 4: TCPA Compliance Technology Is Getting Smarter
As regulations grow more complex, compliance technology will become more sophisticated. The future is not just about blocking bad calls. It is about providing comprehensive, intelligent risk management across all communication channels.
Emerging innovations include:
- AI-Powered Risk Scoring: Platforms will analyze signals including prospect location, message content and communication history. They will generate real-time risk scores for every potential outreach.
- Geographically-Aware Rule Engines: Technology will automatically adapt to regulations based on where prospects are located. The correct rule set applies in real-time.
- Unified Cross-Channel Compliance: Future platforms will provide single views of compliance across email, phone, text and social. Organizations will manage TCPA compliance risk holistically.
Building a Future-Proof TCPA Compliance Program
How can you build a program that is compliant today and resilient tomorrow? Build on principles and technologies designed for change.
1. Embrace a Culture of TCPA Compliance: Foster a culture where compliance is a strategic advantage and core professional value. Culture is your most adaptable tool.
2. Invest in Modern, Flexible Technology: TCPA compliance is too complex for manual processes. You need a platform like AvairAI built on modern architecture and committed to staying ahead of regulatory changes.
3. Stay Informed: Designate someone responsible for tracking legal developments. This person should work with legal counsel to keep policies aligned with current law.
The future of TCPA compliance will be more complex. It will also be more intelligent and automated. With the right culture, technology and principles, you can transform compliance from fear into confidence and competitive advantage.
Conclusion: From TCPA Fear to Calling Confidence
The fear of TCPA litigation has cast a long shadow over B2B phone prospecting. Fear of massive fines has caused sales leaders to abandon one of their most effective pipeline-building tools. This retreat is based on a false choice.
It is possible to build a highly effective, scalable and TCPA compliant cold calling program. It is possible to call with confidence.
The key is moving from reactive fear to proactive TCPA compliance strategy. This requires understanding the legal landscape, committing to ethical prospecting principles and implementing technology that automates compliance rules. Manual checklists and hopeful guesswork no longer work.
Key takeaways from this TCPA compliance guide:
- The stakes of non-compliance are enormous. TCPA violations cost $500-$1,500 per call.
- A compliant cold calling program rests on three pillars: Data Management, Consent and DNC Management, and Technology Controls.
- Written policies and trained teams are essential, but technology must automate enforcement.
- Data quality is a critical, often overlooked TCPA compliance component. Bad data creates legal risk.
- Future regulations will be more complex. Flexible, intelligent technology platforms are essential investments.
AvairAI was built on the principle that sales and TCPA compliance are not opposing forces. They are two sides of the same coin. Our platform empowers sales teams to be both effective and deeply compliant. With automated number classification, DNC scrubbing and one-click phone classification, we provide the technological fortress you need.
This is Pair Selling in action. AI handles the complexity of TCPA compliance. You focus on what humans do best: building relationships and closing deals. With Pair Selling, you never sell alone.
Ready to reclaim the phone as a strategic revenue channel? See how AvairAI builds TCPA compliance into every campaign.
Frequently Asked Questions
What is TCPA compliance?
TCPA compliance means following the Telephone Consumer Protection Act, a federal law regulating telemarketing calls enacted in 1991. Key requirements include not calling numbers on the Do-Not-Call Registry, obtaining consent before using AI voices or autodialers to call cell phones and following calling time restrictions (8 a.m. to 9 p.m. federal, some states stricter). You must also comply with state-level "mini-TCPA" laws in states like Florida, which have broader definitions and stricter requirements than federal law.
Does TCPA apply to B2B cold calling?
The answer is nuanced. The DNC Registry has exemptions for calls to business numbers. The Supreme Court's Duguid decision (2021) narrowed the federal ATDS definition, so most CRM-based dialers do not qualify as autodialers under federal law. However, restrictions on AI-generated voices calling cell phones apply regardless of B2B context. State laws like Florida's have broader autodialer definitions that cover most modern dialers. Most professionals use personal phones for work, so assume the strictest applicable rules apply to any cell phone call.
What are the penalties for TCPA violations?
TCPA violations cost $500 per call for standard violations and $1,500 per call for willful violations. State laws like Florida's Mini-TCPA have equivalent penalties. A team making 2,000 calls weekly with 10% violations faces $100,000-$300,000 in potential liability per week. Beyond financial penalties, TCPA lawsuits damage brand reputation and can lead to class-action suits worth millions.
How do I know if a number is on the DNC list?
You must scrub your calling lists against the National DNC Registry before any campaign. This is a legal requirement. The FCC has confirmed DNC protections also apply to text messages. Platforms like AvairAI automate scrubbing against national and state DNC lists plus databases of known TCPA litigators. Manual checking is impractical and unreliable for any sales team making significant outbound volume.
Can AI make TCPA compliant cold calls?
Yes, with proper safeguards. Following the FCC's February 2024 ruling, AI-generated voices are classified as "artificial" under the TCPA. This means AI Call Agents can probably make compliant calls to business landlines without prior consent, but cell phones require prior express written consent for AI voice calls. AvairAI's one-click phone classification automatically segments contacts into CAN_CALL_AI (phone numbers with PEWC safe for AI), CAN_CALL_MANUAL (cell phones requiring human dialing) and CANNOT_CALL (DNC listed). This automation enables AI cold calling that is both effective and legally compliant.



