The consumer protection lawyers at The Lyon Firm are investigating new claims of privacy violations stemming from AI-based robocall technology. Individuals can file a class action complaint against any negligent company and seek damages related to an AI TCPA violation. Contact our legal team to learn more about AI robocalls, AI call monitoring and other examples of privacy intrusions that can warrant legal action. Free consultations and case reviews are available.

AI Robocalls and TCPA Lawsuits: What Consumers Need to Know

Artificial intelligence has transformed many industries, from healthcare to finance to retail. But alongside innovation comes abuse—and one of the most troubling developments is the rise of AI-powered robocalls. Consumers across the country are reporting phone calls in which AI-generated voices imitate humans, deliver sales pitches, or even impersonate real people.

These calls are not only invasive and misleading, they may also be unlawful under the Telephone Consumer Protection Act (TCPA), a federal law designed to protect consumers from unwanted and harassing telemarketing. With lawsuits already being filed, courts are now grappling with how to apply decades-old telemarketing laws to modern AI technology.

What Are AI Robocalls?

Traditional robocalls have long been a nuisance. They typically use prerecorded messages or autodialers to reach thousands of consumers at once. AI robocalls take this a step further by integrating artificial intelligence voice synthesis, chatbots, and natural language processing. Some examples include:

• AI-generated voices that sound like human agents, making small talk before pushing a sales script.
• Interactive AI agents that respond dynamically to consumer questions, blurring the line between machine and person.
• Deepfake voice impersonations of celebrities, politicians, or even family members, used for scams and disinformation.

The Telephone Consumer Protection Act (TCPA)

The TCPA, passed in 1991, restricts telemarketing calls, texts, and faxes. The law makes it illegal to:

• Place calls using an automatic telephone dialing system (ATDS) without prior express consent.
• Deliver prerecorded or artificial voice messages to a consumer’s cell phone without consent.
• Call individuals on the National Do Not Call Registry.

Violations of the TCPA carry significant penalties—$500 per illegal call or text, and up to $1,500 per call for willful violations.

The key legal question today is whether AI-powered robocalls fall within the TCPA’s restrictions on “artificial voice” communications or autodialing technology. Many attorneys and courts argue that they clearly do.

Why AI Robocalls May Be Illegal

Even though AI-generated voices sound more natural than old prerecorded messages, they still constitute an “artificial voice” under the TCPA. If companies use AI robocalls to solicit consumers without consent, they may be violating federal law. Key compliance issues include:

• Lack of consent – Most AI robocalls are made without prior consumer permission.
• Artificial voices – The law specifically prohibits delivering artificial or prerecorded messages without consent.
• Autodialing – Many AI robocall systems still rely on automated dialers to blast out calls.
• Deceptive practices – AI voices that impersonate humans or celebrities may also violate state consumer protection laws.

Can You File an AI TCPA Lawsuit?

With so many companies scrambling to use AI to maximize efficiency, it is no surprise that some are turning to AI robocalling, telemarketing, and AI call monitoring to replace individual callers. But is this legal?

Well, companies have violated existing TCPA laws for decades, even before artificial intelligence (AI) tools were available. Some companies may not do their homework before engaging in what can be illegal practices, and they pay the consequences when a TCPA lawsuit names them as a defendant. The beat goes on, and with new technology comes new possibilities, but also new legal restraints. AI TCPA lawsuits are gaining in popularity as companies fail to follow new and existing legal frameworks.

Recently, an AI TCPA (Telephone Consumer Protection Act) lawsuit was filed against Altrua Ministries, after the company allegedly delivered at least five prerecorded messages that utilized an AI-generative voice software to a man’s cellular phone. This is a TCPA violation because Altrua allegedly placed these calls without acquiring the individual’s consent.

Telemarketers must first obtain express written consent before contacting a consumer using AI-generated voice or SMS text messages. The TCPA allows for the recovery of $500 – $1500 per violation. According to the law, it is indeed unlawful “to initiate any telephone call to any residential [or mobile] telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party.”

The FCC (Federal Communications Commission), the federal agency responsible for reining in irritating robocalls and telemarketing, continues to evaluate new AI TCPA laws and will have their hands full keeping up with the new technology that has an impact on the telemarketing industry. Last year, the FCC issued a ruling that stated AI telemarketing calls fall within the purview of the TCPA and its existing regulations. Since that announcement, numerous AI TCPA lawsuits have been filed by plaintiffs, most of whom cite the statute’s prohibition on the use of artificial voice without obtaining prior consent from call recipients.

It is important to note that since the FCC has determined that AI technology emulating human voice is considered artificial voice for purposes of TCPA regulation, legal action can be taken in some instances and compensation may be available. Call our lawyers to discuss your case.

Recent Lawsuits and Enforcement

• Political campaign robocalls: In early 2024, regulators investigated AI-generated robocalls in New Hampshire that used a fake Joe Biden voice to discourage voter participation. This drew attention to the dangers of deepfake AI in elections.
• Telemarketing lawsuits: Consumers have filed class actions against debt collectors, insurance marketers, and other telemarketers using AI voices to contact individuals without consent.
• FTC and FCC enforcement: Federal agencies have issued warnings that AI robocalls are not exempt from TCPA liability. The FCC recently clarified that AI-generated voices fall under the definition of “artificial voices” regulated by the TCPA.

Consumer Rights Under the TCPA

If you receive an AI robocall, you may have legal options. Under the TCPA, consumers can:

• Sue telemarketers directly for statutory damages.
• Join a class action lawsuit with other consumers harmed by the same robocall campaign.
• Report robocalls to the FCC, FTC, or state attorney general.

The Challenges of AI in TCPA Litigation

While the TCPA provides strong protections, AI robocalls present new challenges:

• Detection: Because AI voices sound human, consumers may not realize they’ve received a robocall until later.
• Identification: Many AI robocallers spoof phone numbers or hide their identities, making it hard to track down the responsible company.
• Evolving technology: Courts must decide how to apply laws written in 1991 to modern AI systems that behave differently from traditional prerecorded messages.

Why Hire an Attorney for AI Robocall Claims?

Navigating TCPA claims requires technical and legal knowledge. An experienced consumer protection attorney can:

• Determine whether the call qualifies as a TCPA violation.
• Investigate and identify the responsible telemarketer or company.
• File an individual or class action lawsuit to maximize recovery.
• Seek statutory damages of $500–$1,500 per illegal call.

TCPA Attorneys play a critical role in holding companies accountable and ensuring new technologies like AI do not erode consumer rights. The Lyon Firm can guide you through a complex legal process and seek compensation on your behalf. Contact us now for a free consultation.