AI-powered telemarketing is transforming at an unprecedented pace the way companies contact and sell to buyers and prospects.
Automated voice assistants, digital soundboarding, and AI-facilitated sales calls make efficiency and scalability a contest humans can no longer win. But with innovation comes additional regulatory scrutiny.
Recent activity both at the Federal Trade Commission (FTC) and at the Federal Communications Commission (FCC) leveled the field, imposing meaningful legal restrictions on AI-generated telemarketing calls—most notably in terms of business-to-consumer (B2C) and, in specific cases, business-to-business (B2B) communications.
If your company employs AI-facilitated outbound sales and contact with buyers, having a working knowledge of these new requirements is a necessity. Not only will such familiarity enable your salespeople to sidestep legal traps, but it will grant them an effective compliance playbook.
Let’s dissect what’s new, how it’s transforming AI-facilitated telemarketing, and what companies must respond with in terms of compliance actions.
The History and Progress of AI Telemarketing Calls
The foundation for AI-facilitated telemarketing first took root in early 2000s when voice response automation became widespread in customer service. Robocall precursors in early times included voice messages in simple form, tending to serve for bulk marketing messages and scheduling appointments
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As useful for simple contact, early forms of robocall technology did not include interactivity and individualization.
By the 2010s, advances in natural language processing (NLP) and machine learning fueled increasingly sophisticated AI-facilitated calls. Business started utilizing AI for emulating real-life conversation, with real-time conversation and even personalized sales pitches becoming a reality. Soundboarding technology developed, with real-life representatives speaking with contacts through stored but flexible voice clips.
However, as robocall messages became sophisticated with AI, robocall abuse, misrepresentation, and abuse of privacy increased in prominence. Perpetrators exploited voice-cloning AI capabilities and impersonated real persons, creating fraud and abuse that spurred regulators such as the FCC and FTC to act.
Over a period of ten years, these regulators have increasingly reigned in AI-powered robocall activity, culminating in 2023 and 2024 AI robocall crackdowns, which we now know as the “Telemarketing Sales Rule”.
AI telemarketing today stands in limbo with regulators—effective and powerful when responsibly run, but increasingly monitored and regulated to cut down on abuse.
Familiarity with its background can inform companies about changing times and compliance requirements.
The AI Robocall Crackdown: What's Behind It?
Traditionally, the FCC regulates telecommunication practices, including robocalls and spam calls, under the Telephone Consumer Protection Act (TCPA). Meanwhile, the FTC enforces consumer protection laws through the Telemarketing Sales Rule (TSR).
As both regulators long suspected robocall abuse, AI-powered voice legality changed dramatically in recent years.
B2C: AI Robocall Ban in Consumer Engagement
AI-powered robocall creation in early 2023 explicitly banned consumer-facing (B2C) engagements, with exceptions for consent in cases of explicit, signed permission in advance. In response to impersonation robocall scams, fraud potential, and increased use of AI-created voice impersonation, agency regulators took a move.
The most significant observations regarding FCC actions include:
AI-powered robocall communications with consumers need explicit, signed consent.
Even human-supervised AI communications (e.g., soundboard technology) fall under restriction.
Penalties for abuse can include significant financial penalties, even per individual call.
For companies utilizing AI voice technology for sales and marketing communications, it translated to extreme restrictions for communicating with individual consumers.
B2B: The Expansion—But with Exceptions
Historically, B2B telemarketing saw considerable exceptions under TCPA and TSR restrictions. The reason? Business entities have less vulnerability to fraud and annoyance calls in relation to individual consumers.
But in 2024, the FTC updated the Telemarketing Sales Rule (TSR) to extend some of these consumer protections to B2B calls, namely:
AI-powered B2B robocallings when paired with fraud, misrepresentation, and deceitful claims, are off-limits.
Recordkeeping requirements have been added—companies must maintain in-depth logs of AI-powered calls.
The FTC focused first on prioritizing suspicious B2B scams (e.g., deceitful directory listings, spurious invoice calls, or deceitful AI-powered sales calls) for enforcement.
That said, the B2B restrictions are not as comprehensive as the B2C ban. In certain scenarios, AI-powered calls to companies are permissible, but with the caveat that they:
Avoid misrepresenting and misleading the purpose of the call.
Are conducted transparently, without deceptive AI-generated voices.
Adhere to proper recordkeeping and compliance protocols.
This means that AI-powered telemarketing in a B2B scenario isn’t necessarily off-limits—but it’s now under a much stricter microscope.
What It Means for Sales and Marketing Teams
For companies with AI-powered outreach, these new laws require immediate compliance actions. Here’s how your sales and marketing team can comply and make AI work for them:
1. Get Appropriate Consent for B2C Calls
For companies with AI-powered consumer-facing calls, explicit, signed consent must first be received beforehand in order to deliver the call:
Opt-in mechanisms on your website where users can agree to AI-assisted calls.
Clear disclaimers in your signup forms explaining AI involvement.
Verifiable documentation proving consent was obtained.
2. Scrutinize and Refine B2B Telemarketing Copy
Though AI-powered B2B calls are not forbidden, new restrictions under the FTC prohibit deceitful sales techniques. That means your AI-powered telemarketing copy must:
Clearly identify the business making the call.
Avoid misrepresentative statements regarding the product, service, or offering.
Represent price, terms, and terms accurately.
3. Bolster Recordkeeping and Compliance Procedures
The new recordkeeping provisions under the FTC necessitate companies having deep logs for AI-facilitated campaigns. Included in these are:
Call detail records (date, time, duration, disposition, etc.).
Copies of AI-authored messages.
Records of consumer consent for B2C calls.
Such recordings must be retained for at least five years and kept accessible for review in case of a request.
4. Train Your Salespeople on AI Call Compliance
Your sellers will have to comprehend these new requirements in a manner to not make costly errors. Areas of key training include:
What’s legal and illegal in AI-facilitated calls.
How to respond to compliance questions posed by prospects.
Learning proper disclosures and consent requirements.
The Next Wave of AI Telemarketing: Will Restrictions Tighten Further?
Considering the quick pace of AI use and added regulative burden, it’s safe to say restrictions will become even stricter in future. What could breakthroughs in future entail?
Increased restrictions for AI-facilitated robocalls in B2B (in addition to cases of deceit).
More actions taken for AI-facilitated cold calling.
AI telemarketing legislation at a new level (federal, state, etc.).
Organizations that make a proactive switch will have an edge in leveraging AI legally and effectively in telemarketing.
The Way Forward for AI Telemarketing
The new FCC and FTC requirements represent a strong clampdown on AI-facilitated abuse in telemarketing. That doesn’t mean AI-facilitated outreach is dead, but it must tread a wiser, compliance-first path.
Salespeople should view these new laws and legislation not as an obstruction but an opportunity.
For companies using AI telemarketing, now is the time to:
Audit your AI-facilitated calling.
Be in compliance with restrictions in B2C.
Make your AI-facilitated B2B outreach for no misrepresentation.
Train your staff in best practice legislation.
AI telemarketing isn’t going away—it’s just evolving. Businesses that embrace these changes will stay ahead of the curve, protect their brand, and build trust with customers.
Navigate AI Telemarketing Compliance with Tendril
AI telemarketing isn’t gone – it’s evolving. Organizations following these trends will remain at the cutting edge, defend their brand, and gain trust with buyers.
Born during the COVID-19 pandemic, we know a thing or two about cold calling in difficult times and how to adapt to changing regulations. Our professionals have been guiding companies in utilizing AI-powered sales and marketing tools effectively and in full compliance with current legislation.
At Tendril, we work with companies to audit their telemarketing strategies, and implement best practices that keep them on the right side of the law.
Whatever it takes, consent requirements, script optimizing for a call, or creating compliant recordkeeping processes, we enable companies to navigate such complications with confidence.
We’re also taking AI-powered outreach a step further by developing a game changer AI tool that seamlessly navigates phone trees and leaves automated voicemails—all under close human supervision and in alignment with the latest federal legislation governing outbound B2B calls. This approach ensures our platform remains compliant while offering the powerful capabilities of AI-driven sales enablement.
In an era when AI technology is growing at a pace and laws are getting stricter, having a reliable ally at your shoulder to navigate AI-powered telemarketing’s fine prints can make a big impact. Let’s move forward together—intelligently, morally, and legally.
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