Understanding what constitutes an artificial or pre-recorded voice under TCPA regulations is crucial for lead generation companies. Experts David Schultz and Eric Troutman discussed recent rulings and guidelines on this topic. They explained that any use of artificial intelligence, pre-recorded messages, or other technologies that do not involve a live human voice on a call will likely be considered an artificial or pre-recorded voice under TCPA. This includes technologies like IVRs, voicemails left as messages, and text messages containing embedded audio files.
Consent is key – express written consent is required for marketing calls and texts to cell phones, while express consent can suffice for informational non-marketing messages. Risks increase when using third-party leads, as the chain of consent can be difficult to verify. Experts advised scrubbing lists against DNC registries and only working with reputable data partners. If possible, removing all pre-recorded voice technologies from campaigns was presented as the safest option to avoid TCPA risks and lawsuits.
Looking ahead, an upcoming FCC ruling could prohibit pre-recorded calls using third-party leads altogether. Marketing professionals must stay up-to-date on regulatory changes and consider moving away from automated calling and messaging toward live-agent models to ensure TCPA compliance in this evolving legal landscape.