Do AI calls and texts to patients need consent under the TCPA?

Short answerOften yes: the FCC has ruled that AI-generated voices count as artificial voices under the TCPA, so the consent rules for artificial or prerecorded voice calls apply, and a surgery center should confirm with counsel which exemptions, if any, cover its reminder and scheduling calls.

By the SCFD research teamUpdated November 11, 2026

What the FCC says

In a Declaratory Ruling released February 8, 2024 (FCC 24-17), the FCC confirmed that the TCPA's restrictions on "artificial or prerecorded voice" calls cover current AI technologies that resemble human voices, so callers must obtain the called party's prior express consent before making such calls (FCC 24-17; FCC news release).

Separately, in its 2015 TCPA order (FCC 15-72), the FCC granted a limited exemption for certain healthcare calls and texts to wireless numbers, including appointment reminders and pre-operative instructions. Its conditions include no telemarketing or billing content, voice calls generally one minute or less, no more than one message a day and three a week, the provider's name and contact information at the start, and an easy opt-out (FCC 15-72). We have not checked whether later FCC actions changed this exemption; ask counsel.

Practical steps

Record how and when each patient gave their phone number and consent.
Keep calls to the purpose the patient expects: scheduling, reminders, pre-op logistics.
Identify the caller as your center's AI assistant.
Honor opt-outs right away, on calls and texts.
Ask counsel to review your scripts and consent language before go-live.

Our recommendation for surgery centers

Publisher's recommendation

Calling rules are your center's responsibility with any vendor. Choose one that logs consent and opt-outs and keeps calls to their expected purpose. Ava is built that way, and we recommend reviewing its scripts with counsel during setup.

Does HIPAA cover this?

HIPAA and the TCPA are separate. A call can be HIPAA compliant and still need TCPA consent.

Are texts covered?

Text messages can be covered by the TCPA too. Ask counsel.

Opened and checked November 11, 2026. Statements about Ava come from Surgery Center Front Desk.