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Do You Have to Tell Callers They Are Talking to AI?

A plain-English look at the US and Canadian rules on AI voices, what the FCC decided in 2024, what states like California and Utah require, and the simple approach most businesses should take.

September 5, 2026

Published September 5, 20267 min readBy the Mercvox Team

The Short Answer

For a business answering its own incoming calls with AI, there is no single national law in the US or Canada that says “you must always announce it.” But some state laws do apply in certain situations, and honesty is always the safest path.

The simple rule most businesses should follow: tell callers up front, and always answer truthfully if someone asks.

This article is a plain-English summary, not legal advice. Laws in this area are changing quickly.

The FCC Ruling (US): Mostly About Outgoing Calls

In February 2024, the US Federal Communications Commission (FCC) ruled that AI-generated voices count as “artificial” voices under the Telephone Consumer Protection Act (TCPA). The ruling came after AI robocalls imitated a presidential candidate's voice.

What this means: if a business uses AI to make calls to people, it generally needs their prior consent, just like any other robocall. The ruling is focused on outbound calls. An AI receptionist that answers calls customers make to you is a different situation, but it is still a good reason to be careful and open.

State Laws to Know

  • California (SB 1001). Since 2019, it has been illegal to use a bot to communicate with people in California online with the intent to mislead them about its artificial identity in order to drive a sale. If you use one, the fix is a clear disclosure that it is a bot. The law is written for online interactions, but it shows the direction lawmakers are heading.
  • Utah (AI Policy Act). Since May 2024, businesses using generative AI to interact with consumers must disclose it when asked. A 2025 update (SB 226) narrowed this to when the person makes a “clear and unambiguous request” to know if they are talking to a human or AI, plus certain high-risk situations. Fines can reach $2,500 per violation.
  • Other states are considering similar rules. Expect more over time.

What About Canada?

Canada does not currently have a specific law requiring businesses to announce AI on incoming calls. But privacy law (PIPEDA, and provincial laws like Quebec's Law 25) requires you to be open about how you collect and use personal information, including call recordings. If your AI receptionist records or transcribes calls, callers should be told. See our call recording guide and our PIPEDA guide.

The Simple Approach We Recommend

  • Say it in the greeting. For example: “Thanks for calling Smith Plumbing. I am the virtual assistant, and this call may be recorded. How can I help?”
  • Never pretend to be human. If a caller asks “Am I talking to a real person?”, the answer must be honest.
  • Offer a person when needed. Let callers be transferred to you or leave a message for a callback.
  • Keep it short. One clear sentence is enough. Callers mainly care that their problem gets solved.

How Mercvox Handles It

Mercvox informs callers that their call may be recorded and handled by an AI assistant. You can customize the rest of the greeting, and callers can be transferred to you when they ask for a person. Details are on our security page.

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