State-by-State AI Calling Regulations: 2026 Guide

TL;DR

AI calling in the US is regulated first by the federal TCPA: the FCC ruled in February 2024 that AI-generated voices count as an "artificial voice", so AI sales calls need the lead's prior express written consent and must stay inside 8 AM to 9 PM local time. States add their own rules on top. Florida limits sales calls to 8 AM to 8 PM and three calls in 24 hours, Washington requires callers to identify themselves within 30 seconds, several states require every party's consent to record, and Colorado requires telling consumers they are talking to an AI. Checked against the statutes and the FCC on 28 October 2026.

State-by-state AI calling regulation means the state laws that apply on top of the federal Telephone Consumer Protection Act (TCPA) when an AI voice agent calls a consumer: consent for automated sales calls, calling hours, call frequency, caller identification, call recording consent and AI disclosure. The federal rules apply to every US call; the state rules depend on where the lead is. This guide lists only the rules we checked against the primary source, with a link to each.

What federal rules apply to every AI call?

AI voices are "artificial" voices. The FCC confirmed that the TCPA's restrictions on "artificial or prerecorded voice" calls cover AI technologies that generate human voices, so these calls need the called party's prior express consent unless an emergency purpose or exemption applies (FCC 24-17, Declaratory Ruling, released 8 February 2024).
Prior express written consent for sales calls. Telemarketing calls that use an automatic telephone dialing system or an artificial or prerecorded voice to a mobile number, and artificial or prerecorded voice telemarketing calls to a residential line, need the called party's prior express written consent (47 CFR 64.1200(a)(2) and (a)(3)). The written agreement must authorize the seller and name the phone number (64.1200(f)).
Calling hours. No telephone solicitation to a residential subscriber before 8 AM or after 9 PM, local time at the called party's location (64.1200(c)(1)).
Identify the caller. Artificial or prerecorded voice messages must state the identity of the business responsible for the call at the beginning, and give a callback number during or after the message (64.1200(b)(1) and (b)(2)).
Do Not Call. Telephone solicitations to numbers on the national Do Not Call registry are restricted (64.1200(c)(2)). Leads who gave you consent on your own form are a different case from cold numbers, but the consent record is what proves it.
Damages. Consumers can sue for actual loss or $500 per violation, whichever is greater; a court may award up to three times that amount for willful or knowing violations (47 U.S.C. 227(b)(3)).

One change that did not happen: the FCC's 2023 "one-to-one consent" amendment, which would have required consent for each seller separately, is not part of the current rule text in 64.1200(f). Consent still has to name your business as the seller.

Which states require AI callers to disclose that they are AI?

Colorado

Colorado's AI Act requires a business that deploys an AI system intended to interact with consumers to disclose to each consumer that they are interacting with an AI system (SB 24-205). A 2025 special-session bill moved the start of the act's requirements to 30 June 2026 (SB 25B-004). If you call Colorado leads with an AI voice agent, say at the start of the call that it is an AI assistant.

California

California's bot disclosure law makes it unlawful to use a bot to communicate with a person in California online with the intent to mislead them about its artificial identity in order to incentivize a sale, and a bot that discloses it is a bot is not liable (Cal. Bus. & Prof. Code 17941). The text is written for online communication, so whether it covers phone calls is unclear. Disclosing the AI at the start of the call removes the question.

Washington

Washington has no AI-specific calling rule that we could find. Its telephone solicitation law requires the caller to identify themselves, the company and the purpose of the call within the first 30 seconds (RCW 80.36.390(3)). An AI agent that introduces itself and the business at the start of the call covers this.

What does Florida require for automated sales calls?

Florida's rules for automated sales calls are stricter than the federal ones:

Consent: an unsolicited telephonic sales call that uses an automated system for the selection and dialing of numbers, or plays a recorded message, needs the called party's prior express written consent (Fla. Stat. 501.059(8)(a)).
Damages: actual damages or $500 per violation, whichever is greater, and up to three times that for willful or knowing violations (Fla. Stat. 501.059).
Calling hours and frequency: a commercial telephone seller may not call before 8 AM or after 8 PM in the called person's time zone, or make more than three calls to a person in 24 hours on the same subject (Fla. Stat. 501.616(6)).
Recording: intercepting a call is lawful when all parties have given prior consent (Fla. Stat. 934.03(2)(d)), so tell Florida leads the call is recorded.

Which states have stricter calling hours than the federal rule?

The federal window is 8 AM to 9 PM. Of the states we checked, two are narrower:

Florida: 8 AM to 8 PM for commercial telephone sellers (501.616(6)(a)).
Washington: 8 AM to 8 PM at the call recipient's local time (RCW 80.36.390(8)).

Other states have their own rules. If you call nationwide, the simplest safe setting is 8 AM to 8 PM in the lead's local time zone, and check the states you call most with counsel.

Which states require all-party consent to record a call?

Several states require every party's consent to record a call. Among those we checked:

California: recording a confidential communication without the consent of all parties is punishable by a fine of up to $2,500 per violation (Cal. Penal Code 632(a)).
Florida: interception is lawful when all parties have given prior consent (Fla. Stat. 934.03(2)(d)).
Washington: recording a private communication requires the consent of all participants (RCW 9.73.030).

Because the list differs by state and court, the practical rule is the same everywhere: say at the start of every AI call that it is recorded.

How should you configure AI calling for leads in several states?

Get the consent on the form. Use wording that names your business, the number, and calls made with an automated system or artificial voice. Keep the record with a timestamp.
Disclose at the start. The AI says who it is calling for, that it is an AI assistant, and that the call is recorded.
Call between 8 AM and 8 PM in the lead's local time. That fits the federal, Florida and Washington windows.
Cap attempts. No more than three calls to a lead in 24 hours on the same subject, following Florida's rule.
Honor opt-outs immediately and keep an internal do-not-call list.
Keep the records: consent, call times, recordings and opt-outs.

For do-not-call handling specifically, see our DNC Registry compliance guide.

Disclaimer: This guide is general information, not legal advice. Statutes and FCC rules change, and we list only the rules we checked against the primary source on 28 October 2026. Consult a qualified attorney for the states where you call.

Need help configuring compliant AI calling for your lead forms? Book a discovery call.

Frequently Asked Questions

Is AI calling legal in the US?

Yes, with consent. The FCC treats AI-generated voices as artificial voices under the TCPA, so AI sales calls to mobile numbers and residential lines need the called party's prior express written consent, and must follow calling hours, identification and do-not-call rules.

Can you cold call with AI in California?

An AI voice is an artificial voice under the TCPA, so an AI sales call to a California mobile number without prior express written consent breaks the federal rule regardless of state law. California also requires all-party consent to record a confidential call. Calling leads who asked to be contacted on your form, with consent wording that covers AI calls, is the compliant route.

Which state has the strictest rules for AI sales calls?

Of the states we checked, Florida: written consent for automated sales calls, an 8 AM to 8 PM window, a limit of three calls in 24 hours on the same subject, all-party recording consent and a private right of action.

Do the rules change if the lead filled out my form?

The consent you collect on the form is what makes the call lawful, so its wording matters. Calling hours, identification, recording consent and opt-out rules still apply to every call.

How do I know which state's law applies to a lead?

Generally the law of the state where the lead is located. Use the address or zip code on the form where you have it; area codes are unreliable because people keep their numbers when they move. When in doubt, apply the stricter rule.