TCPA Compliance Update: AI, One-to-One Consent, and Enhanced Blocking Rules

Written by: Matthew Gross
**Attorney Advertising**

 

In our prior blog post, The Effect of New AI Technologies on the TCPA, we explored how the growing use of AI, including synthetic voice technologies and automated list generation, was reshaping compliance obligations under the Telephone Consumer Protection Act (TCPA). You can read that article here.

Since that publication, the Federal Communications Commission (FCC) has adopted and proposed additional rules that further clarify and expand the TCPA’s reach. This post outlines these developments, all of which stem from the FCC’s continued focus on curbing robocalls and robotexts in an AI-driven landscape.

 

One to One Consent Rule (Effective January 2025)

The FCC has closed the so-called “lead generator loophole” by amending the definition of “prior express written consent.” Effective January 27, 2025, any consent obtained to send robocalls or robotexts must be one to one. A consumer’s written agreement must clearly authorize a single, specifically named seller to contact them, rather than applying blanket consent across multiple businesses.[1]

To be valid under the new rule:

• The consumer must receive a clear and conspicuous disclosure.
• The content of the robocall or text must be logically and topically associated with the website or context in which consent was given.
• The consent must identify the exact telephone number authorized for such communications.[2]

This change imposes a new burden on businesses that use comparison shopping sites or lead generators. These entities will now need mechanisms such as checkbox lists or click-through links for consumers to consent to individual sellers.[3]

 

Robust Do Not Call and Text Blocking Enforcement

The FCC has also codified that the National Do Not Call (DNC) Registry applies not only to calls but to text messages as well. This expands the scope of prior express invitation or permission requirements for any marketing texts sent to wireless numbers listed on the DNC registry.[4]

In addition, effective July 24, 2024, mobile carriers must block texts from specific numbers after receiving a formal Notification of Illegal Texts from the FCC. These notifications identify numbers engaged in unlawful texting behavior and require timely compliance by providers. The FCC has granted a limited waiver to allow use of the Reassigned Numbers Database to prevent inadvertent blocking of legitimate new users of recycled numbers.[5]

Businesses should note that the burden of proof remains with the sender. If challenged, the texter or caller must show that they obtained consent meeting the FCC’s revised standards.[6]

 

Pending Rulemaking: Disclosure and Exemptions for AI Generated Calls

As of May 2025, the FCC has not finalized the proposed rules concerning AI-generated robocalls and robotexts that were outlined in the Notice of Proposed Rulemaking (NPRM) released on August 7, 2024. This NPRM sought public comment on several key issues, including:

• Defining what constitutes an AI-generated call
• Requiring disclosures when AI is used in calls
• Implementing technologies to detect AI-generated robocalls
• Establishing exemptions for individuals with disabilities using AI to access the phone network[7]

The comment period for these proposals closed on October 25, 2024. However, no final rules have been adopted yet. The FCC continues to review the comments and has not set a definitive timeline for when final rules might be established.

These open questions do not affect the enforceability of the earlier rules discussed above. The One to One Consent Rule and DNC text protections were finalized through a separate rulemaking process completed in December 2023 and published in January 2024, with clear effective dates. The NPRM discussed here relates to potential additional rules that may build on those already in place.

The delay in finalizing AI-specific rules means that, for now, businesses are operating without formal guidance on how to define or disclose AI-generated content in robocalls. This creates a degree of legal uncertainty, particularly for organizations that are experimenting with voice cloning or generative tools for outreach. Until the FCC provides further clarification, companies will likely tread carefully, relying on existing TCPA definitions of artificial and prerecorded voice, and documenting consent practices rigorously.

For the most current information, itis advisable to monitor the FCC’s official announcements and the Federal Register for any updates on the finalization of these proposed rules.[9]

 

Conclusion

The regulatory landscape surrounding the TCPA continues to evolve rapidly, particularly in response to the growing use of artificial intelligence and new communication technologies. Businesses engaging in outbound communications, whether by voice or text, must now grapple with heightened consent requirements, stricter enforcement mechanisms, and emerging disclosure obligations tied to AI.

The Beckage Firm will continue to monitor these developments and advise clients on proactive compliance strategies. Reach out to us if your organization needs support implementing these important changes.

[1] Targeting and Eliminating Unlawful Text Messages, Implementation of the Telephone Consumer Protection Act of 1991, Advanced Methods To Target and Eliminate Unlawful Robocalls, 89 Fed. Reg. 5098 (Jan. 26, 2024). https://www.federalregister.gov/documents/2024/01/26/2023-28832/targeting-and-eliminating-unlawful-text-messages-implementation-of-the-telephone-consumer-protection
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Comment Deadlines Established for AI-Generated Robocall Rules, Fed. Commc’ns Comm’n (Sept. 17, 2024), https://www.fcc.gov/consumer-governmental-affairs/comment-deadlines-established-ai-generated-robocall-rules
[8] Id.
[9] Headlines, Fed. Commc’ns Comm’n, https://www.fcc.gov/news-events/headlines (last visited May 28, 2025); Federal Register, https://www.federalregister.gov/ (last visited May 28, 2025).