AI voice agents for MCA brokers: what to check before you buy

Short answer: five things to confirm

Before an AI voice agent dials a lead, confirm five things: consent that covers an AI voice, a call that says who is calling and that it is an AI, calling hours and Do Not Call scrubs, working opt-outs, and call records with a stop switch. The table gives the question to ask in a demo, the federal text behind it, and how LeadRefinery answers.

This page describes what the rule text says. It is not legal advice and it makes no promise about your calls. Have counsel review any setup before it makes a single call.

The checklist

Question to ask the vendor	Where the rule text is	How LeadRefinery answers
How does the system handle consent for a call from an AI voice, and who keeps that record?	FCC ruling on AI voices, 47 CFR 64.1200, 47 U.S.C. 227	Every dial passes a compliance gate. If a check fails, the call doesn’t happen.
Does the call say who is calling at the start, and say it is an AI?	47 CFR 64.1200, 47 U.S.C. 227	Every call opens by confirming the right person, then the agent says it is an AI. No pretending to be a person.
How does it keep calls inside local hours and off Do Not Call lists?	47 CFR 64.1200, FTC guidance on the Telemarketing Sales Rule	Every lead is scrubbed for federal and state Do Not Call, known litigators, business status, line type and number deliverability. Calls go out only inside local calling hours.
What happens when a merchant says stop?	47 CFR 64.1200	Any opt-out ends contact with that merchant on every channel.
What records exist, and who can stop the calling?	FTC guidance on the Telemarketing Sales Rule	Every check is logged. Every call keeps a recording, a transcript and one clear outcome. Any campaign can be paused or stopped, and one switch stops all calling.

Consent: what the FCC says about AI voices

The FCC’s declaratory ruling says the TCPA’s limits on an artificial or prerecorded voice apply to AI technologies that generate human voices. Calls that use them need the prior express consent of the called party, absent an emergency or an exemption. Read the FCC ruling and the statute behind it, 47 U.S.C. 227.

The implementing rule is 47 CFR 64.1200. Paragraph (f)(9) defines prior express written consent. Read the definition in full, because it sets out what the written agreement must say and how it must be signed.

The 11th Circuit opinion of January 24, 2025 addresses the FCC’s one-to-one consent rule. Read the opinion itself before you rely on any summary of it, ours included. Ask counsel where the rule stands today.

What to ask:

• Where did consent for this file come from, and does it cover a call from an AI voice?
• Who holds the consent record, and can I get it?
• What does the system check before each dial?

A vendor can build a gate that checks before each call. It cannot create consent your files lack. That matters most on aged files, where the original consent may be old.

Identification at the start of the call, and the AI disclosure

The rule text asks that an artificial or prerecorded voice message identify the business responsible for the call at the start of the message. See 47 CFR 64.1200. Whether a live AI conversation counts as a message under that text is a question for your counsel. Ask counsel too whether any rule that applies to you goes further on AI disclosure.

Our own line is plain. Every call opens by confirming the right person, then the agent says it is an AI. No voicemail drops, no pretending to be a person, no fake urgency.

What to ask:

• Does the agent confirm the right person and say it is an AI at the start of every call?
• Does the system ever drop voicemail or claim to be a person?
• Can I see the call records that show how each call opened?

Calling hours, Do Not Call lists and opt-outs

Calling hours. The calling time limits in 47 CFR 64.1200 and in the FTC’s Telemarketing Sales Rule guidance run from 8 a.m. to 9 p.m. at the called party’s location. Both texts speak of calls to a person’s home. Ask counsel how they apply to your merchant numbers, and check state rules too. LeadRefinery calls only inside local calling hours.

Do Not Call. Both the FCC rule and the FTC guidance cover the national Do Not Call registry. Every LeadRefinery lead is scrubbed for federal Do Not Call, state Do Not Call, known litigators, business status, line type and number deliverability.

Opt-outs. 47 CFR 64.1200 addresses how a person can revoke consent. Read it, and ask counsel how fast you must act on a request. At LeadRefinery, any opt-out ends contact with that merchant on every channel.

What to ask:

• How is each merchant’s local time set, and what happens if a call would fall outside the window?
• Which lists is each lead checked against, and where is the scrub recorded?
• What does an opt-out stop, how fast, and where is it recorded?

Records and a stop switch

The FTC’s guidance includes recordkeeping points for telemarketers. Read it, and ask counsel which records apply to you. Logs and call records are how you show later what happened and why.

Every LeadRefinery check is logged, and if one fails the call doesn’t happen. Every call keeps a recording, a transcript and one clear outcome. Any campaign can be paused or stopped at any time, and one switch stops all calling.

What to ask:

• Do I get a recording, a transcript and one outcome for every call?
• If a check fails, does the system stop or log a warning and dial anyway?
• Who can stop all calling, and how?

What the rules leave to counsel

The rules are written in terms of consent, messages, residential subscribers and reasonable methods. Your counsel decides how they apply to your files. Bring these questions:

• Does the consent in my files cover an AI voice call, and is it recent enough to rely on?
• Which of my merchant numbers do the calling hour rules cover?
• Which state rules apply to the states I call?
• How should I read the 11th Circuit decision on one-to-one consent today?
• Does any rule that applies to me go further than the text above on AI disclosure?

Ask each vendor which settings you control and which they run. For how ready merchants reach your reps, read live transfer vs callback vs application link. For other tools in the category, see AI SDR and AI calling tools for MCA brokers and lenders. For the full picture of the product, see what an AI sales rep does for an MCA broker and how the platform is built.

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