Calling Consent & Do-Not-Call Policy

Our position

Customers decide whom their agents call and text, and they are responsible for the legal basis for each call. We build controls into every agent to make compliance the default, and we require customers to follow this policy. This page is a summary for compliance, not legal advice; customers should take their own advice for their industry and the places they call.

Consent comes first

• AI voices are "artificial or prerecorded voice" under the TCPA. The Federal Communications Commission confirmed this in a Declaratory Ruling on 8 February 2024. The consent rules for robocalls apply to every AI agent call.
• Informational calls to mobile numbers (reminders, confirmations, follow-ups the person asked for) need the person's prior express consent.
• Marketing or sales calls to mobile or residential numbers need prior express written consent: a signed or electronic agreement that names the business, covers calls using an artificial voice, and is not a condition of purchase.
• Consent records: customers must keep proof of consent (who, when, how, and the exact wording) and give it to us on request. Our platform can store it with each contact.
• Revoked consent ends calling for that purpose.

Identification and disclosure

• At the start of every call the agent states the business it is calling for and that it is an AI.
• During or after an informational call, the agent gives a phone number the person can use to reach the business.
• Agents never hide or fake caller ID. Calls show a number the customer is authorised to use.

Opt-outs and Do-Not-Call

• Every marketing call offers a way to opt out during the call. A spoken "stop calling me" works on any call.
• Text messages honor STOP, and HELP explains how to reach the business.
• Opt-outs go on the customer's internal do-not-call list straight away. The FCC allows up to 10 business days to honor a revocation; our systems apply it immediately.
• Marketing calls must not go to numbers on the National Do Not Call Registry or state lists unless an exemption, such as an established business relationship or written consent, applies. Customers are responsible for registry access and scrubbing.
• Customers should check the FCC's Reassigned Numbers Database before calling numbers that may have changed hands.

When agents call

• Between 8am and 9pm in the called person's local time, unless the person asked to be called at another time.
• Stricter state rules apply where they exist. For example, Florida and Oklahoma limit marketing calls to 8am to 8pm and to three calls in 24 hours on the same subject.
• Agents never call emergency lines, hospital or care-home patient lines, or numbers where the called party pays for the call, without the legal right to do so.
• By default our agents call US numbers only. Calls to other countries are switched on per customer and must follow that country's rules, such as India's Do Not Disturb registry under TRAI regulations.

Recording

• Several US states require every party's consent before a call is recorded, including California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington.
• Our default is to announce recording at the start of every recorded call, wherever the person is. Customers can turn recording off.

Text messages

• Business texts in the US must go through a registered A2P 10DLC brand and campaign, or another channel the carriers approve.
• Messages say who they are from, include opt-out instructions, and are sent only to people who agreed to receive them.

What we do if a rule is broken

We may pause the agent, block the numbers involved, and suspend the account under our Acceptable Use Policy. To report a call that broke these rules, email info@callgentic.com with the subject "Abuse".