TCPA Compliance and AI Follow-Up Calls: What Dealerships Should Know

Dealerships researching TCPATCPA. Telephone Consumer Protection Act: the US federal law on automated and prerecorded calls and texts to consumers. compliance and AI-voice follow-up should start with what the FCCFCC. Federal Communications Commission: the US agency that writes and enforces the rules under the TCPA. has said. The FCC has confirmed that an AI-generated voice counts as an "artificial or prerecorded voice" under the Telephone Consumer Protection Act, so the consent, disclosure and opt-out rules for artificial-voice calls reach AI follow-up calls, absent an emergency purpose or an exemption. Under the regulation, the consent it describes depends on the call: a call with no advertisement that is not telemarketing is treated differently from one that includes an advertisement or constitutes telemarketing. Which side of that line your calls sit on is a question for your counsel.

This page explains public rules; it is not legal advice. Talk to your counsel.

This page covers the check-in after a repair order and the call to a showroom visitor who didn't buy: what the federal rules say about each, what changed since 2024, and what to ask your lawyer.

What are the TCPA laws?

The Telephone Consumer Protection Act is a federal statute, 47 U.S.C. 227. The FCCFCC. Federal Communications Commission: the US agency that writes and enforces the rules under the TCPA. writes the detailed rules under it, and the FCC's main rules for outbound calls are in one regulation, 47 CFRCFR. Code of Federal Regulations: where US federal agencies' rules are published, cited by title and part. 64.1200, "Delivery restrictions".

In plain words, the statute makes it unlawful to make a non-emergency call "using any automatic telephone dialing system or an artificial or prerecorded voice" to a cell phone without "the prior express consent of the called party." It also makes it unlawful to call a residential line "using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party," unless an exception applies or the FCC has exempted the call by rule.

The statute also sets basic standards for every artificial-voice message: it must state the identity of the business "at the beginning of the message" and state its telephone number or address "during or after the message."

Who enforces it, and can people sue?

The statute's text names who can enforce it:

• The FCC, which writes and enforces the rules.
• State attorneys general, who may bring a civil action on behalf of their residents.
• The people who get the calls. The statute gives a person a private right of action to stop the violation and to recover either actual monetary loss or a fixed amount per violation, whichever is greater, and lets a court increase the award if the violation was willful or knowing. The amounts are in the statute; counsel will confirm them before this page states them.

A separate private right of action covers do-not-call violations, for a person who got at least two such calls from the same business within any 12-month period, with an affirmative defense for a business that has "established and implemented, with due care, reasonable practices and procedures" to prevent them.

Does the TCPA cover AI voices?

Yes, according to the FCCFCC. Federal Communications Commission: the US agency that writes and enforces the rules under the TCPA.. In a Declaratory Ruling adopted February 2, 2024 and released February 8, 2024, the Commission said it was confirming "that the TCPATCPA. Telephone Consumer Protection Act: the US federal law on automated and prerecorded calls and texts to consumers.'s restrictions on the use of 'artificial or prerecorded voice' encompass current AI technologies that generate human voices." The ruling took effect on release.

What matters for a dealership:

1. Consent. Callers using these technologies "must obtain the prior express consent of the called party to initiate such calls absent an emergency purpose or exemption." If the call introduces an advertisement or contains telemarketing, the ruling points to the rules that require prior express written consent.
2. Disclosures. The rule's identification and disclosure requirements for artificial-voice messages apply, and calls that include an advertisement or constitute telemarketing must also offer the opt-out methods in the rules.
3. No "live agent" carve-out. The ruling says the TCPA "does not allow for any carve out of technologies that purport to provide the equivalent of a live agent."

Service follow-up vs sales follow-up: why the difference matters

The regulation sorts artificial-voice calls by whether they include an advertisement or constitute telemarketing, and telemarketing turns on the call's purpose, not only on what is said. These are the rule's definitions:

• An advertisement is "any material advertising the commercial availability or quality of any property, goods, or services."
• Telemarketing is "the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services."

The FCCFCC. Federal Communications Commission: the US agency that writes and enforces the rules under the TCPA.'s 2026 order describes the other group as informational calls, "a call or text message that does not contain any advertising or telemarketing."

In a store, the same call can move from one group to the other mid-script. Say the AI check-in asks how the brake job went, then mentions the declined front struts and a coupon. Whether the struts-and-coupon part "includes or introduces an advertisement" is the question the rules turn on, and it is one for counsel.

The table below uses the regulation's own words. It describes what the rules say; it does not say which category your calls fall into.

How to read it: each row is a call a store makes. Read across for the rule's words about it, and end on what to confirm with counsel.

What it tells you: the right-hand column is your agenda for the meeting with counsel.

Another definition sits in the background. The rule defines an "established business relationship" for telephone solicitations, based on a purchase or transaction within a set period or an inquiry within a shorter one. That definition appears in the "telephone solicitation" definition. The consent wording for artificial-voice telemarketing calls in paragraphs (a)(2) and (a)(3) does not mention it. Ask your counsel how these provisions fit together for your store before reading anything into a past purchase.

What does TCPA consent mean?

The rules use two levels of consent.

Prior express consent. The statute uses the phrase without defining it. In January 2025, the Eleventh Circuit held that the 2023 order's one-to-one and "logically and topically associated" consent restrictions conflicted with "the ordinary statutory meaning of 'prior express consent'" and exceeded the FCCFCC. Federal Communications Commission: the US agency that writes and enforces the rules under the TCPA.'s authority.

Prior express written consent. The rule defines this as "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," together with the telephone number. The agreement must clearly and conspicuously tell the person that signing authorizes those calls, and that they are "not required to sign the agreement... as a condition of purchasing any property, goods, or services." An electronic signature counts where federal law or state contract law recognizes it.

The "one-to-one" consent rule, vacated in 2025

In a 2023 order, the FCC added restrictions saying consent had to be given to one seller at a time and be "logically and topically associated with the interaction" that prompted it. On January 24, 2025, the Eleventh Circuit vacated that part of the order (Part III.D) and sent it back to the FCC.

How courts read the statute

On June 20, 2025, the Supreme Court held in McLaughlin Chiropractic Associates v McKesson Corp. that district courts are not bound by the FCC's interpretation of the statute in enforcement cases. The Court said a district court "should interpret the statute as courts traditionally do under ordinary principles of statutory interpretation, affording appropriate respect to the agency's interpretation". In plain words: courts may read the TCPATCPA. Telephone Consumer Protection Act: the US federal law on automated and prerecorded calls and texts to consumers. themselves. What that means for any particular FCC ruling, including the AI ruling above, is a question for counsel; this page makes no prediction.

What does an artificial-voice call have to say?

The regulation lists three things for artificial-voice messages.

1. Who is calling. "At the beginning of the message, state clearly the identity of the business... responsible for initiating the call," using the name the business is registered under with the state. For a store that trades under one name and is registered under another, ask counsel which one the call uses.
2. A number to call back. "During or after the message, state clearly the telephone number" of the business, which may not be a 900 number. For telemarketing and exempted residential calls, that number must let anyone make a do-not-call request during regular business hours.
3. An automated opt-out, for some calls. Where the message includes an advertisement, constitutes telemarketing, or relies on a residential exemption, it must offer "an automated, interactive voice- and/or key press-activated opt-out mechanism" with brief instructions, shortly after the identification. When the person opts out, the mechanism "must automatically record the called person's number to the caller's do-not-call list and immediately terminate the call." A voicemail must also give a toll-free number that reaches the same mechanism.

Does the call have to say it is AI?

The federal rule quoted above does not use the words "artificial intelligence." The FCCFCC. Federal Communications Commission: the US agency that writes and enforces the rules under the TCPA. has proposed going further. Its proposed rule, published September 10, 2024, would "define AI-generated calls" and "require callers disclose to consumers when they receive an AI-generated call," along with disclosures when consumers consent to such calls. A Federal Register search on October 27, 2026 showed the proposal and no final rule. Check the status with counsel.

Some states have their own bot or AI disclosure laws; ask counsel which apply to you.

How do opt-outs and revoked consent work?

Since April 11, 2025, a called party may revoke consent "by using any reasonable method to clearly express a desire not to receive further calls or text messages from the caller." Requests made through an automated opt-out on a call, a reply text with words such as "stop," or a website or phone number the caller designates count as reasonable "per se." Other means, such as a voicemail or an email, create "a rebuttable presumption that the consumer has revoked consent."

Revocation requests must be honored "within a reasonable time not to exceed" a set number of business days from receipt. Do-not-call requests under paragraph (d) carry the same kind of limit, and a request recorded by a vendor still leaves the business the call was made for liable for failures to honor it.

The rule in force today lets a called party revoke consent by "any reasonable method"; ask counsel how that applies to a "stop" said in the middle of an AI call. After November 25, 2026, that can depend on whether the store designates an exclusive opt-out method; do-not-call requests on sales calls stay under paragraph (d)(3). Ask counsel how this applies to your calls. How that sentence gets from the call into your DMSDMS. Dealer management system: the dealership's core software for repair orders, parts, car deals and accounting., CRMCRM. Customer relationship management software: where the store keeps customer contacts, leads and follow-up tasks. and do-not-call list, and how fast, is the practical question.

What changes on November 25, 2026

The FCCFCC. Federal Communications Commission: the US agency that writes and enforces the rules under the TCPA. adopted an order on September 30, 2026 (FCC 26-67), published in the Federal Register on October 26, 2026, effective November 25, 2026. These are the changes a store should know about:

• Category-by-category revocation for informational calls. Callers "may interpret a revocation request made in response to an informational call... as applying only to the specific category of informational robocalls and text messages to which the revocation was directed."
• Telemarketing opt-outs reach all telemarketing. "Revocation requests made in response to calls or text messages that contain an advertisement or constitute telemarketing revoke consent to all future calls or text messages containing an advertisement or constitute telemarketing from that caller." So, under that text, a customer who says "stop" to a call that is telemarketing has opted out of that caller's telemarketing calls generally.
• An exclusive opt-out method, if disclosed. Callers may designate an automated opt-out on the call, standard reply words for texts, or a designated website or phone number as the exclusive way to revoke, "so long as the caller clearly and conspicuously discloses the designated method." Callers that don't designate one must keep processing requests "made by any reasonable means."

The order says it supersedes "the delayed effective date of the relevant portion of that rule that was previously extended to January 31, 2027." The same day, the FCC asked for comment on "reducing the timeframe callers must honor revocation requests" and "requiring a revoke all method," with comments due November 25, 2026 and replies due December 28, 2026.

What changed, when

How to read it: each row is a ruling, order or court decision, with the primary source it comes from.

What it tells you: the next date to plan for is November 25, 2026.

State "mini-TCPA" laws

Several states add their own rules for sales calls. Florida and Maryland are examples, from the statutes:

Florida. The Florida Telephone Solicitation Act bars an unsolicited "telephonic sales call" that uses "an automated system for the selection and dialing of telephone numbers or the playing of a recorded message" without the called party's "prior express written consent." It defines a telephonic sales call to include calls, texts and voicemails "for the purpose of soliciting a sale of any consumer goods or services." It gives a called party a private right of action. A separate Florida section sets calling hours and a cap on solicitation calls per person per day on the same subject for commercial telephone sellers.

Maryland. Maryland bars a telephone solicitation involving an automated dialing system or "the playing of a recorded message" without prior express written consent, and sets its own calling hours and a cap on calls in a day on the same subject. Subsection (a), the written-consent rule, lists situations it does not apply to, including some solicitations for maintenance or repair of goods the customer bought from the caller. The calling-hours and call-cap rules in subsection (c) have no such list. Whether any exception fits your calls is for counsel.

Other states have their own laws. Check every state you call into with counsel.

Call recording is a separate set of laws. Some states make recording lawful only when all parties consent. Florida's statute, for example, allows interception "when all of the parties to the communication have given prior consent." Maryland's has a similar all-party provision. If your AI calls are recorded or transcribed, ask counsel what notice each call needs.

TCPA compliance questions to take to your counsel

These are questions for the meeting; working through them does not by itself settle anything.

1. How do we record consent for service calls, and separately for sales calls? Where does it live: DMSDMS. Dealer management system: the dealership's core software for repair orders, parts, car deals and accounting., CRMCRM. Customer relationship management software: where the store keeps customer contacts, leads and follow-up tasks., the vendor, paper?
2. Does our written consent language name artificial-voice or AI calls, and the number it covers?
3. Is signing it optional, and does the form say so?
4. Where is the line in our scripts between a check-in and an advertisement? Who signs off on script changes?
5. Which name does the call open with: the store's trade name or the registered legal name?
6. When a customer says "stop" mid-call, how does that reach our do-not-call list and our CRM, and how fast?
7. Do we designate an exclusive opt-out method after November 25, 2026, and how is it disclosed on each call?
8. Does an opt-out from a sales call stop every sales call from every rooftop in our group?
9. Which states do we call into, and what calling hours and call caps apply in each?
10. Are our calls recorded or transcribed, and what notice does each state require?
11. Which vendor holds which record (consent, call audio, opt-outs), and for how long?
12. Does the pending FCCFCC. Federal Communications Commission: the US agency that writes and enforces the rules under the TCPA. AI-disclosure proposal, or any state law, change what our calls should say?

Where Lokam fits

Consent stays your dealership's: Lokam doesn't collect or decide it. Lokam AI is a post-visit follow-up product for US franchise dealerships. It is not a replacement for your OEMOEM. The car manufacturer (original equipment manufacturer) whose brand the dealership sells and services. survey, not an inbound answering bot, not a CRMCRM. Customer relationship management software: where the store keeps customer contacts, leads and follow-up tasks., and not a replacement for your people.

When your store calls customers using Lokam's AI assistant:

• Opening line: On your store's calls, Lokam's AI assistant speaks for your dealership. It says it is a virtual assistant and the line is recorded, and the customer can tell it to stop.
• Recording notice: Your store's calls with Lokam's AI assistant are recorded, and the customer hears this at the start of the call.
• Opt-out handling: A customer can ask the AI assistant to stop at any point in the call. Their number then goes on your store's do-not-call list in Lokam and isn't called again with Lokam's AI assistant for your store. Whether the request also reaches your DMSDMS. Dealer management system: the dealership's core software for repair orders, parts, car deals and accounting., CRM, BDCBDC. Business development center: the dealership team that handles calls, texts and emails with customers, such as appointments, leads and follow-up. dialer and texting tools is for your store to check.
• Who holds the consent record: Consent to contact your customers is your dealership's. Lokam doesn't collect or decide it.

Whether a store's calls meet these rules is a question for the store's own counsel.

The facts behind these lines are on our facts page. Related reading: what an AI BDC is and why dealership calls show "Spam Likely". If you are a customer who got a call, this page is for you.

FAQ

Are AI calls legal?
The FCCFCC. Federal Communications Commission: the US agency that writes and enforces the rules under the TCPA. has said the TCPATCPA. Telephone Consumer Protection Act: the US federal law on automated and prerecorded calls and texts to consumers.'s rules for "artificial or prerecorded voice" calls cover current AI voices, which means the consent, disclosure and opt-out rules for those calls apply. Whether a particular store's calls meet them depends on its consent records, scripts and states, which is a question for counsel.

What does TCPA consent mean?
The rules describe two levels: "prior express consent," which the statute uses without defining, and "prior express written consent," a signed written agreement that authorizes artificial-voice or autodialed telemarketing to a named number and says signing is not a condition of purchase. Which level a call needs depends on whether it includes an advertisement or constitutes telemarketing.

What is TCPA compliance?
It is shorthand for meeting what the statute and the FCC's rules require, among other things: the consent the rules describe for each kind of call, the identification and opt-out disclosures in 47 CFRCFR. Code of Federal Regulations: where US federal agencies' rules are published, cited by title and part. 64.1200(b), honoring revocations and do-not-call requests, and calling-hour limits for solicitations. This is not a complete list: it leaves out the autodialer rules, state law and call recording, for example. Your counsel decides how those apply to your store.

Can you sue for a TCPA violation?
The statute gives people who receive calls a private right of action to stop violations and to recover actual loss or a set statutory amount per violation (for do-not-call claims, up to a set amount, after at least two calls in 12 months), and lets courts increase awards for willful or knowing violations. State attorneys general can also sue.

Is it legal to use AI voice calls to follow up with customers?
The rules don't answer that with a yes or no. They describe what consent, disclosures and opt-outs an artificial-voice call needs, and those depend on whether the call includes an advertisement or constitutes telemarketing, as the rule defines those terms. Take the questions above to your counsel.

This page explains public rules; it is not legal advice. Talk to your counsel.

Legal sources reviewed: October 27, 2026. Sources retrieved October 27, 2026.