2025 TCPA Changes: What You Need to Know about Lead Generation, AI Calling & More

Are you using AI technologies for calls, in the lead generation business, or do you rely on third parties to provide leads for consumers?

Big changes are coming under the Telephone Consumer Protection Act (TCPA) that you need to know about.

From AI calling, to new rules on consumer consent & the National Do-Not-Call Registry, these updates could significantly impact your business operations.

Lead Generation

In December 2023, the Federal Communications Commission (FCC)¹ introduced significant amendments to the TCPA coming into effect throughout 2024 and 2025. 

Most notable is the new rule that applies to lead generators, comparison shopping websites and companies that text or call consumers.

The FCC made clear its intent to close the “lead generator loophole” by requiring that lead generators, texters and callers get written consumer consent for robocalls or robotexts from one seller at a time.

The FCC has modified the definition of “prior express written consent” (PEWC) in the Federal Regulations to incorporate 2 new requirements: (1) the consent must “clearly and conspicuously authoriz[e] no more than one identified seller” and (2) calls and texts must be “logically and topically associated with the interaction that prompted the consent.” 47 C.F.R. § 64.1200(f)(9).

These new changes to the PEWC rule come into effect on January 27, 2025.

AI Calling

In February 2024, the FCC released a declaratory ruling regarding the TCPA’s applicability to certain AI technologies.

In the ruling, the FCC confirms that the TCPA’s restrictions on the use of “artificial or prerecorded voice” applies to current AI technologies that resemble human voices or generate call content using a prerecorded voice, such as “voice cloning.”

The FCC clarifies that the TCPA does not allow for any carve-out of technologies that purport to provide the equivalent of a live agent.

Text Messages Covered by the National Do-Not-Call Registry Rules

The December 2023 order also extends the protections of the National Do-Not-Call (DNC) Registry² to text messages. Texters must have the consumer’s prior express invitation or permission before sending a marketing text to a wireless number in the DNC Registry. 

This rule came into effect on March 26, 2024.

The FCC also suggests that a single opt-out text from a consumer should be viewed as a revocation of consent for all marketing messages.

Conclusion

Since there is a private right of action under the TCPA and the potential amount of statutory damages is high (as much as $500-$1,500 for each text per plaintiff), TCPA litigation continues to be a risk for companies that call and text consumers.

Such companies should consider reviewing and updating their consent and other internal compliance processes to align with the new TCPA rules.

At Lucia Law, we help companies navigate the TCPA and the complex set of laws and regulations that govern customer outreach, telemarketing and automated communication with consumers.

The information provided is for educational purposes only and does not constitute legal advice. Reading this article does not establish an attorney-client relationship.

Footnote 1: The FCC is the federal agency charged with interpreting the TCPA and issuing rules implementing the TCPA.

Footnote 2: The National DNC Registry is a list of telephone numbers of U.S. consumers who do not wish to receive telemarketing calls and texts, which is managed by the Federal Trade Commission. It is separate from state-level do-not-call lists, which are managed by individual state governments or agencies.