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This page covers the rules that apply when an agent calls or texts a United States (+1) number. It is general guidance current as of September 2026, not legal advice. Laws change often and several states are stricter than the federal floor, so confirm your program with counsel before launching.
Having marketing consent is necessary but not sufficient. For AI voice calls the consent text has to say specific things, and each state adds its own hours, frequency limits and disclosure rules. See state-by-state rules and AI disclosure and recording.

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Why AI calls are treated differently

Under the federal Telephone Consumer Protection Act (TCPA), an AI-generated voice counts as an artificial or prerecorded voice (FCC ruling, February 2024). That puts every AI call in the strictest consent category: Penalties are 500percallortext,500 per call or text, 1,500 if willful, with no cap and a private right of action. Class actions are routine.

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What the consent text must say

A generic “I agree to receive calls from Brand” checkbox does not authorize AI voice calls. Valid written consent for AI outreach includes all of the following, shown to the person before they agree:
1

Who and how

The brand name, and that calls or texts may be autodialed and use an artificial, prerecorded or AI-generated voice.
2

Which number

The specific phone number the person is authorizing.
3

No condition of purchase

The sentence “Consent is not a condition of purchase.”
4

For texts

Message frequency, “message and data rates may apply”, and STOP / HELP instructions.
5

A record

Timestamp, source page, the exact disclosure text shown, and the person’s action (checkbox, signature, or reply). Nexor stores this for SMS consent captured through the API or the web widget.
Consent collected years ago for a human sales team usually lacks the artificial-voice wording, so those leads need to re-consent before an AI agent calls them. Oral consent recorded on a human-placed call is accepted for marketing robocalls only in Texas, Louisiana and Mississippi federal courts; everywhere else, get it in writing.

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Federal rules that apply in every state

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What Nexor enforces automatically

For SMS from a US number to a US number, sending is blocked unless every check passes:
  • A current consent record exists for that exact phone number, and the lead is not opted out, unsubscribed or marked do-not-contact.
  • The recipient’s local time is between 8:00 am and 8:59 pm, inferred from the area code. Florida numbers stop at 7:59 pm. Unknown area codes use a narrow, safe window.
  • STOP, STOPALL, UNSUBSCRIBE, CANCEL, END and QUIT revoke consent immediately. Only START, YES or UNSTOP from the subscriber, or an explicit re-grant through the API, reopen the channel.
  • A per-recipient monthly cap matching the volume declared to the carrier.
  • The first commercial text is a single English opener with the required identification and opt-out language, and the opt-in confirmation goes out automatically.
For calls, the agent introduces itself with its name and your company, and follows the outbound-hours schedule you configure on the agent. That schedule is what runs, so set it in the recipient’s time zone and inside the window of the states you call. Sunday, holiday and per-day limits in state-by-state rules are your responsibility to configure.

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Your checklist before a US campaign

Outbound hours set in the recipient’s time zone, inside the state window, with Sundays and holidays excluded where the state bans them.
No more than three calls plus texts per 24 hours on the same subject to Florida, Oklahoma or Maryland numbers.
The agent says it is an AI assistant and that the call is recorded in its opener. See AI disclosure and recording.
About thirty states require telemarketer registration, some with a bond. Most exempt calls to consumers who consented or are existing customers, but the exemptions differ by state.

State-by-state rules

Hours, Sunday and holiday bans, consent laws, frequency caps and recording rules for all 50 states.

AI disclosure and recording

Which states require the agent to say it is an AI, where recording needs everyone’s consent, and how to write the opener.
Last modified on September 7, 2026