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FCC Legislation

The FCC just made a big announcement! AI calls are now in the same category as robocalls, which means they need to follow the same rules. This is big news for businesses using AI to make calls and for the whole industry that's working with conversational AI. We’ve been following this very closely over the last 45 days as the FCC added this agenda to their docket. We even engaged the , The Czar of TCPA compliance and (in our opinion) one of the best firms in these nuanced issues. You can
Here are the big takeaways:
First, calling with AI is completely legal as long as you:
Get permission before making AI calls to potential customers. You need to have “express consent” - in other words, an Opt-In lead (like a Facebook Lead form, or a website lead form that was filled out) where that lead agreed to your terms and conditions.
And on that note - Update your terms and conditions! While this should only be used as an educational guide and not legal advice, you can take a look at an that includes the type of language needed to keep your nose clean. Basically: “by submitting your information to us, you agree to let us communicate with you via our SMS and phone systems that include both manual and computer/mechanically generated AI phone calls.”
Despite some headlines making it sound like AI calling is now totally off the table, that's not the case. It's more about making sure these calls are done right.
This Is Good News!
The FCC did a great job with this rule, and here's why it's actually a win-win:
It cuts down on annoying, unwanted AI calls. Let's face it, no one likes being bombarded with calls they didn't ask for. This rule means that AI calls will be more trusted and welcomed by consumers (and your leads!).
It puts a stop to voice scams. With AI being used for shady stuff like impersonating others, this rule is a step in the right direction to keep things honest.
Here’s how you can pivot:
Stop calling leads like expired/canceled/FSBO listings with AI unless you’ve gotten consent. But still call them! We have hundreds of agents that get listings every month by simply reaching out to homeowners that didn’t get their home sold the first time. You can utilize the High i.Q. CRM to easily launch manual calls to your leads, and one hour a day will often get you a couple listings a month.
Start building your opt in databases! It’s now more important than ever for real estate agents to start building a list of people that will buy or sell their home over time. One of the best, and least expensive ways to do this is by focusing on getting inbound and opt-in leads through Facebook. For the last 7 years, our agency has developed robust strategies to help real estate agents generate leads through social media platforms. In most cases you can get a solid opt-in lead for less than 5 bucks! Once you get a lead we automatically import it into your CRM and put the SMS and AI tools to work. If you’re already getting inbound leads, or you want to chat about how to implement Facebook ads into your lead strategy,
Use your cold data lists as custom audiences! What if you could take those cold phone lists and turn them into consenting opt-ins? Well you can! In fact, this is one of the strategies we excel at and have always recommended. For example, let’s say you’ve got your expired and canceled list… You can upload that to Facebook, and tell it to target specifically those people with a hyper focused ad. “Pissed your last agent didn’t get your home sold? We can help!” Ok. Maybe not exactly that… but you get the idea ;) Or maybe you're an investor that has a list of financially distressed homeowners. Again, upload those to Facebook and target them with a cash offer ad! Implementing this strategy gets you an inexpensive, and quality lead that was actually interested in your services to begin with. It’s what we like to call “being on the right side of the chase.”
Adapting to the New Rules
If you're new to AI calling or need to tweak how you're doing things, here are some quick tips:
Start Calls Right: Make sure your AI mentions your company and why you're calling right off the bat.
Make sure your AI is ready with info: Your business name, address, and a number for real-person follow-up. The best way to do this is to add this information into the knowledge bases that your AI is using to provide that info if asked.
Get Permission First: Make sure the people you're calling have given you the green light.
We’re here to help you navigate the ever evolving landscape of AI. We believe that it has the power to make business more efficient and scalable. More importantly, we are committed to helping you leverage these tools the right way. If you're looking to get started or have any questions, just reach out. We've got your back.
In the end, this FCC rule is about making sure AI calling is used responsibly and ethically. It's good news for everyone involved and helps set the stage for a future where AI can be trusted and beneficial for all. Ready to dive in? and see how we can help you make the most of AI voice calling in your business.
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