AI Calling Compliance for Agencies: Consent, TCPA, ACMA and the Rules That Protect Your Clients
Before an AI assistant calls or texts a contact, the business must hold that person's prior written consent for automated calls and messages, keep a record of it, honour opt-outs immediately, and follow local rules: TCPA in the United States treats AI voice as an artificial or prerecorded voice, ACMA rules apply in Australia, and GDPR governs data in the EU. Assistantz.ai's terms require consent and prohibit voice cloning.
This article is practical guidance, not legal advice. Check the rules for every jurisdiction your clients operate in.
Why consent is the foundation
Automated calling and texting rules were written for robocalls and they apply to AI voice. In the United States the Federal Communications Commission confirmed in 2024 that AI-generated voices count as “artificial or prerecorded” under the Telephone Consumer Protection Act, which means prior express written consent is required for marketing calls and texts to mobile numbers. Australia’s ACMA enforces the Spam Act and the Do Not Call Register on marketing messages and calls. The European Union’s GDPR governs how personal data in transcripts and recordings is processed.
The consent record
Consent must be specific and documented. For each contact keep: the wording they agreed to, the date and time, the source (web form, intake script, SMS keyword), and the number or email it covers. GoHighLevel forms with a consent checkbox, plus the contact’s created-date and source fields, cover this for most agencies. Assistantz.ai’s terms make written consent from contacts a condition of use.
Inbound is different from outbound
A caller who dials the business has initiated the contact; answering with an AI receptionist is not a marketing call. Disclosure is still good practice and required in some places, so include a short line in the greeting that it is an automated assistant and a person is available. Outbound calls and texts, including follow-ups after a form fill, are where consent rules bite hardest.
The checklist
- Consent language on every form, quote request and intake script: automated calls and texts, from the business, message rates may apply, reply STOP to opt out.
- Records stored per contact in GoHighLevel.
- Opt-out honoured instantly; STOP replies remove the contact from AI messaging and calling.
- Do Not Call scrubbing for outbound campaigns where the register applies.
- Calling hours respected in the contact’s time zone.
- Disclosure in the greeting that the assistant is automated.
- No voice cloning of real people; use the platform’s stock voices.
- Recording notices where two-party consent for call recording applies (several US states, and many countries).
- Data handling: transcripts and recordings are personal data; keep the client’s privacy policy current and honour deletion requests.
- Client agreement that the client, as the business contacting its own customers, owns the consent obligation, with the agency providing the tooling.
What Assistantz.ai provides
- Terms that require consent and prohibit voice cloning and spam.
- Post-call tags and transcripts stored in GoHighLevel for audit.
- STOP handling inherited from GoHighLevel’s messaging compliance.
- Configurable greeting text so disclosure is one line in the prompt.
- Data stored on secured servers in the United States; see the privacy policy.
Frequently asked
Does a customer calling us count as consent for a follow-up text? Often it supports a transactional follow-up but not marketing; put explicit consent in the intake anyway.
Can the assistant record calls? Yes, and it should announce it where the law requires.
Who is liable, the agency or the client? Usually the business making the contact, but agencies have been named in claims; get the consent language and the client agreement right.
Read the Assistantz.ai terms and conditions for the platform’s consent requirements.
