Prior Express Consent
Legal permission required under TCPA for certain calls, now explicitly mandated for calls using AI-generated voices.
Definition
A legal requirement under the Telephone Consumer Protection Act (TCPA) that mandates callers obtain explicit permission from the recipient before initiating certain types of calls, particularly those using an automatic telephone dialing system or an artificial or prerecorded voice. The FCC Declaratory Ruling on AI-Generated Voice Calls explicitly states that calls made using AI-generated voices require the prior express consent of the called party, absent an emergency purpose or exemption. This consent must be obtained before the call is placed, ensuring that consumers have control over whether they receive automated communications, including those powered by advanced AI. The ruling reinforces that the use of AI to generate voices does not circumvent the fundamental requirement for consent, thereby upholding consumer autonomy and privacy in the face of increasingly sophisticated telemarketing and solicitation techniques.