Is it legal to use AI to call or text customers? USA vs Canada
Using AI to answer inbound calls is generally fine in both countries. Outbound AI calls and texts need consent: in the US the FCC confirmed in 2024 that AI voices are 'artificial' under the TCPA, and business texts need A2P 10DLC registration; in Canada, CASL requires consent, sender identification and an unsubscribe, and CRTC rules govern automated calls.
General information, not legal advice. Rules change; check with your lawyer for your situation.
The short version
| United States | Canada | |
|---|---|---|
| AI answering inbound calls | Generally fine; consider call-recording consent laws | Generally fine; privacy laws apply |
| Outbound AI voice calls | TCPA consent rules apply to AI voices | CRTC telemarketing rules and consent apply |
| Business texts | Consent plus carrier A2P 10DLC registration | CASL: consent, identification, unsubscribe |
| AI cold calling | High risk | High risk |
United States
- AI voices count as "artificial". On February 8, 2024, the FCC adopted a declaratory ruling confirming AI-generated voices are "artificial" under the Telephone Consumer Protection Act (TCPA), so its consent rules apply.
- Consent. The TCPA restricts calls to residential lines using an artificial or prerecorded voice without the called party's prior express consent, and telemarketing robocalls need prior express written consent.
- Texting registration. US carriers treat business texts from regular 10-digit numbers as application-to-person (A2P) traffic. Carriers block texts from unregistered 10DLC numbers.
Canada
- CASL. Commercial texts and emails need (1) consent, (2) identification of the sender and (3) an unsubscribe mechanism, per the CRTC. CASL also applies to messages sent into Canada from other countries.
- Asking for consent by text is itself a commercial message, so it can't be sent without consent.
- Automated calls fall under the CRTC's Unsolicited Telecommunications Rules.
A safe default setup
- AI answers inbound calls and chats only.
- Texts go only to people who contacted you or opted in, with your business name and STOP to opt out.
- Outbound AI calls only for consented purposes, such as confirming an appointment the customer booked.
- Register texting numbers with carriers before launch.
- Keep records of consent.
This is how we set up every AI front desk and automation project. Country pages: USA, Canada.
Common scenarios, at a glance
General information only, not legal advice. Rules change, and details matter.
| Scenario | United States | Canada |
|---|---|---|
| AI answers calls customers make to you | Lower risk. Be honest if asked whether it's AI | Lower risk. Be honest if asked |
| Text reply to a missed call | Reply to the enquiry, identify yourself, offer opt-out | Same, with identification and unsubscribe |
| Appointment reminder by text | Collect permission at booking | Covered by the existing relationship; identify and offer unsubscribe |
| Marketing text to past customers | Prior written consent expected | Express or valid implied consent under CASL |
| AI voice calling a purchased list | High risk | High risk |
A consent checklist for your booking form
- An unticked box for marketing messages, separate from appointment messages.
- Plain wording: what you'll send and how often.
- A record of the date, time and source of consent.
- "Reply STOP to opt out" in the first message.
- A named person responsible for honouring opt-outs.
Related guides
Wording and timing are in SMS and WhatsApp automation. For outbound calling, see AI voice agents explained.
Frequently asked questions
Is it legal to use AI to answer my business phone?
Generally yes for inbound calls in both countries, with attention to privacy and call-recording consent rules.
Can I use AI to cold call prospects?
It's high risk. In the US, AI voices fall under TCPA consent rules; in Canada, CRTC telemarketing rules and consent apply. We don't offer AI cold calling.
Do I need to register to send business texts in the US?
Yes, for texting from regular 10-digit numbers: A2P 10DLC registration through your provider.
Does CASL apply to US businesses texting Canadians?
Yes. CASL applies to commercial electronic messages sent to recipients in Canada.
Do appointment reminders need consent?
Reminders about an appointment the customer booked are the low-risk case, but rules still apply to how they're sent. Collect permission to text at booking and include a way to opt out.
Is a text reply to a missed call allowed?
Replying to someone who just called your business is generally treated as responding to their enquiry. Identify your business, keep it relevant and include an opt-out. Get advice for your situation.
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- Cooley: FCC says AI-generated robocalls fall under the TCPA (2024)
- Orrick InfoBytes: FCC ruling determines AI calls are subject to TCPA rules (2024)
- FCC announcement via Security InfoWatch (Feb 8, 2024)
- JustCall: A2P 10DLC registration explained
- IDT Express: 10DLC registration guide
- CRTC: Frequently asked questions about Canada's Anti-Spam Legislation
- Government of Canada: Understanding consent under CASL
- CRTC: Unsolicited Telecommunications Rules