What an AI Voice Agent Is Legally Required to Say (the First-Second Rule)

An automated or prerecorded voice call has to identify itself. Under the FCC’s rule at 47 CFR §64.1200(b), the message must state, at the beginning, who is responsible for the call. If a business is responsible, it must state the registered business name. It also has to give a callback number that isn’t the dialer’s, and isn’t a 900 line.

What does the FCC rule actually require an automated voice call to say?

The rule lives at 47 CFR §64.1200(b), the FCC’s regulation under the TCPA. Latest amendment March 25, 2026; current as of the eCFR issue date August 26, 2026. Here is the identity requirement, verbatim:

(b) All artificial or prerecorded voice telephone messages shall: (1) At the beginning of the message, state clearly the identity of the business, individual, or other entity that is responsible for initiating the call. If a business is responsible for initiating the call, the name under which the entity is registered to conduct business with the State Corporation Commission (or comparable regulatory authority) must be stated;

And the callback-number requirement, verbatim:

(2) During or after the message, state clearly the telephone number (other than that of the autodialer or prerecorded message player that placed the call) of such business, other entity, or individual. The telephone number provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges.

That’s the core of it. Say who’s calling, use your registered name if you’re a business, and give a real callback number that isn’t the machine that dialed.

What order does the first-second script go in?

The order follows the rule’s own sequence: identity first, then, for a business, the registered name, then a valid callback number during or after the message.

One note on wording. The rule says "State Corporation Commission (or comparable regulatory authority)." That’s the CFR’s exact phrase. It means your state business-registration authority. Some states call it the State Corporation Commission. In others it’s the Secretary of State or a comparable body. The point is the name you actually registered under, not a nickname.

What do people get wrong about the robocall disclosure rule?

Most of the confusion is about how little a quick "this is an automated call" covers of what the text actually spells out. Here’s the stance: the registered business name is the part a bare "this is an automated call" leaves out, and it’s the one the rule spells out in the most detail.

Does this rule apply to AI-generated voices?

Yes. This is what pulls a modern AI voice agent into §64.1200 in the first place. In Declaratory Ruling FCC 24-17, adopted February 2, 2024 and released February 8, 2024, the FCC stated, verbatim:

we confirm that the TCPA’s restrictions on the use of "artificial or prerecorded voice" encompass current AI technologies that generate human voices.

So a synthetic or cloned voice counts as "artificial." An AI agent placing calls with one is squarely inside the rule, and such calls require the prior express consent of the called party.

Does this cover my AI receptionist that answers the phone?

Here’s where you should be careful. The text of §64.1200(b) is written around the party "responsible for initiating the call." That describes outbound calls your business places: the reminder, the callback, the confirmation.

Whether it reaches an inbound AI agent that answers your own line isn’t settled by the plain text of this rule. I’m not going to tell you it does or it doesn’t. If your phone is answered by an AI, that’s a question for a telecom attorney looking at your exact setup.

Who does the rule cover, and what’s exempt?

The identity disclosure in (b)(1) and a valid, non-dialer callback number in (b)(2) apply to every artificial or prerecorded voice message a business initiates, regardless of content. The do-not-call-during-business-hours sentence and the two-second opt-out apply to a narrower set: telemarketing or advertising messages, or the residential-exempt categories below.

As a baseline, §64.1200(a)(1) prohibits initiating these calls without the prior express consent of the called party, except for calls made for emergency purposes. For prerecorded calls to residential lines, §64.1200(a)(3) lists specific non-consent exemptions, each with its own cap, and each still bound by the opt-out duties in (b) and (d):

One more scope point. This is the federal floor, the FCC rule implementing the TCPA at 47 U.S.C. 227. State robocall and AI-disclosure statutes can add duties on top, and they’re outside this article.

How do you set an outbound AI voice agent up to meet this?

Start from the rule’s own order, then hand it to counsel before you dial.

This is general information, not legal advice. The rule text is quoted above so you can read it yourself, but how it lands on your calls is a question for a lawyer.

What does this mean at your front desk?

Think about the calls that go out from your counter. The appointment reminder. The "your order is ready" callback. The follow-up after a missed call. When an AI voice agent places one of those, the first breath has to say who’s calling, your registered business name, and a number a person can actually call back.

The bar is simple: "If your voice agent can’t say who’s calling and give a number a person can actually call back, it isn’t ready to dial out." That’s what the rule asks, and it’s the same first second whether a human or a machine is holding the phone.