ViravanceIs it legal for an AI to answer your business calls?
A plain-English overview of call recording consent, telling callers it's an AI, and the rules for calls you place. General information, not legal advice.
By Viravance Editorial · Updated · 5 min read
Using an AI to answer your business calls is generally allowed, but a few rules deserve attention: recording consent, telling callers it's an AI, and the extra rules for calls you place. This is a plain-English overview, not legal advice. Laws differ by state and change, so ask a lawyer about your own setup.
Inbound and outbound calls are different
Most of what a front desk does is answer calls customers make to you. Federal rules on automated and artificial-voice calls, including the TCPA, mainly concern calls you place, especially marketing calls. In 2024 the FCC confirmed that calls using AI-generated voices count as artificial voices under that law. If you ever place calls with an AI, such as a callback to someone who asked for one, get the customer's consent and keep a record.
Recording consent
Federal law allows recording when one person on the call consents, but roughly a dozen states require everyone on the call to agree. If your callers come from several states, the safe habit is to tell every caller when a call is recorded. Check your own state's rule.
You can sidestep much of this by not recording audio. Viravance keeps audio recording off and keeps a text transcript and a summary of each call so your team can see what happened. Whether a transcript counts as a recording is a question for your lawyer, so ask it.
Telling callers it's an AI
Expectations and some state rules are moving toward telling people when they're talking to an AI, and sources disagree on exactly what's required and when. The simple, safe practice is to say so in the greeting, for example "Thanks for calling Acme, this is Acme's AI assistant." You set the greeting, so write it that way.
What to check with any AI provider
- Whether they record audio, and where recordings and transcripts are stored.
- Whether they use your calls to train models, and whether you can opt out in the contract.
- How they handle card numbers: a good design never lets them enter the conversation, and sends customers to the payment processor's hosted page.
- Whether they claim to handle regulated health information. Viravance is not built for HIPAA-regulated health care, and says so.
A short checklist
- Put "AI assistant" in your greeting.
- Keep audio recording off unless you need it, and say so if it's on.
- Get and keep consent for any call you place.
- Know your state's recording rule, and ask a lawyer about transcripts.
- Read your provider's data terms before you sign.
See how an AI receptionist handles every call.
What an AI receptionist is and how it works.
When an AI should hand off to a person.
Common questions
Do I have to tell callers they're talking to an AI?
Rules vary and are changing, but saying so in the greeting is the simple, safe practice and builds trust.
Is it legal to record calls handled by an AI?
Federal law needs one party's consent, but about a dozen states need everyone's. Not recording audio avoids most of the issue, and you should ask a lawyer whether a text transcript counts in your state.
Does the TCPA apply to my AI front desk?
It mainly covers calls you place, especially marketing calls, and the FCC has said AI-generated voices count as artificial voices. Calls customers make to you are generally outside it, but check with a lawyer.
See the AI front desk in action
Try the live demo, then we'll plug it into your own site — behind your brand, curated to your business.