Can I use AI to call and text leads?

You can, with care. In 2024 the FCC ruled that AI-generated voices count as artificial voices under the TCPA, so such calls generally need prior express consent, and written consent for telemarketing. Marketing texts have their own consent and Do Not Call issues. Honor opt-outs and keep consent records.

AI Calls and Texts: TCPA Rules for Real Estate Agents

Not legal advice. Rules differ by state, MLS and brokerage, and they change. Ask your broker or an attorney before relying on this.

What the FCC Decided

In a declaratory ruling in February 2024, the FCC confirmed that "artificial or prerecorded voice" under the Telephone Consumer Protection Act includes AI-generated voices. It clarified existing law rather than banning the technology.

What That Means in Practice

Consent first. Telemarketing calls using an artificial voice generally need prior express written consent.
Identify the caller. Artificial-voice calls must say who is calling and give a phone number.
Honor opt-outs. Telemarketing calls must offer one. As good practice, treat a stop request as covering every channel your system uses.
Check Do Not Call. National and state lists apply to cold outreach, including to expired and FSBO owners.
Check your state. Some states add stricter telemarketing rules.

What About Texts?

The 2024 ruling is about voices, so it does not settle how AI texting is treated. Marketing texts raise separate questions under the TCPA's autodialer provisions, the Do Not Call rules and state telemarketing laws. Whether software counts as an autodialer depends on how it works, since the Supreme Court narrowed that term in Facebook v. Duguid (2021), so ask an attorney instead of assuming you are exempt. The safe habit is the same: get clear consent, identify yourself and stop when asked.

Questions for Your Vendor

Where is each lead's consent stored, and can I export it?
How does the system handle "stop" across voice and text?
Does it check Do Not Call lists before contacting someone?
Does the AI say it is an AI if asked?
Can I review every conversation?

Start Small

Begin with people who just asked you to contact them, such as a new web inquiry, and review the logs daily at first. Do not start by pointing a voice bot at your old database. See AI lead response tools.

Common Questions

Did the FCC Ban AI Calling?

No. It confirmed that existing TCPA consent rules apply to AI-generated voices. Calls without the required consent are the problem.

Does a Web Form Give Me Consent?

Only if its wording and the way it was collected meet the rules. A lead bought from a third party may not include consent for your calls, so ask your attorney to review it.

Last updated November 6, 2026. Source: FCC Declaratory Ruling, February 2024 (FCC 24-17); Telephone Consumer Protection Act.