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Calling Compliance

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Part of the DialCru Terms and Conditions.

On this page
  1. 1.Calling Compliance Rules
  2. 2.Rules That Commonly Apply to Voice AI Calls
  3. 3.Service Provider Rules

Please note before proceeding:

The following details highlight some (but not all) of the relevant laws, regulations, and industry standards governing the use of our Voice AI and calling services (“Calling Compliance Rules”). This information is not intended to serve as legal, compliance, or professional advice. This is not an exhaustive list of Calling Compliance Rules. It is the responsibility of our customers to adhere to all Calling Compliance Rules, whether mentioned here or not. Specifically, this information does not account for specific rules enforced by the carriers, telephony providers and voice infrastructure providers (“Service Providers”) we utilize for providing calling services. Refer to section 3 below for additional information on Service Provider rules.

1.Calling Compliance Rules

Given that our calling services are utilized across various territories and jurisdictions, our customers must consider where (i) they use our calling services; and (ii) their usage impacts the jurisdictions involved. For instance, if our calling services are used to call people in the United Kingdom from South Africa, both South African and UK rules apply.

Certain countries have specific Calling Compliance Rules for business calls, including:

  • Laws and regulations for electronic communications and telecommunications services that apply to automated and AI-assisted calling.
  • Regulations on call content, caller identification, and permitted calling times.
  • Do-not-call and opt-out registers that callers must check before marketing calls.
  • Requirements to disclose the use of AI and to give notice of call recording.

Additionally, some countries have laws, regulations, and codes of conduct governing marketing to individuals and businesses. These may specifically target automated calling or broadly cover all marketing activities. Generally, they align with privacy laws, ensuring that consent is obtained and not withdrawn before any marketing call is made. Consent methods and withdrawal processes may vary by jurisdiction. Typically, clear and unequivocal consent must be obtained for marketing calls placed by automated systems, with an easy and convenient way to opt out.

The definition of “personal data” or “personal information” (“Personal Data”) may differ by jurisdiction but generally includes (a) information identifying, contacting, or locating an individual, and (b) information combined with other data linked to an individual for identification, contact, or location purposes. Telephone numbers, call recordings, transcripts and IP addresses typically constitute Personal Data, and a person’s voice may be biometric data. Before transmitting any Personal Data to us in connection with our calling services, it is our customers’ responsibility to ensure compliance with applicable rules for using that Personal Data. This includes ensuring that necessary consent for the use and transfer of Personal Data has been obtained and not withdrawn.

2.Rules That Commonly Apply to Voice AI Calls

The examples below are a starting point for the questions to ask, not a statement of the law. Rules change, and the rules of the place where the called party is located usually apply.

2.1South Africa

  • Section 69 of POPIA prohibits direct marketing by electronic communication, which expressly includes automatic calling machines and is likely to cover calls placed by AI agents, unless the person has consented or is an existing customer being offered similar products and given a chance to object.
  • Section 11 of the Consumer Protection Act lets people refuse and block direct marketing, including through an opt-out registry.
  • Regulation 4 under the Consumer Protection Act limits direct marketing to consumers at home: not on Sundays or public holidays, not before 09:00 or after 13:00 on Saturdays, and not before 08:00 or after 20:00 on other days, unless the consumer has agreed otherwise.

2.2United States

  • The Telephone Consumer Protection Act requires prior express written consent for telemarketing calls that use an artificial or pre-recorded voice. The Federal Communications Commission confirmed in 2024 that AI-generated voices are “artificial” for this purpose.
  • Telemarketing calls may not be made to numbers on the National Do Not Call Registry without consent, and only between 8 a.m. and 9 p.m. in the called party’s local time.
  • Several states have stricter telemarketing, registration and call-recording rules, and some require every party’s consent to record a call.

2.3European Union and United Kingdom

  • The ePrivacy Directive (2002/58/EC), its national laws and, in the UK, PECR require prior consent for marketing calls made by automated calling systems. Live marketing calls must respect national opt-out registers such as the UK’s Telephone Preference Service.
  • The GDPR and UK GDPR apply to the personal data in contact lists, recordings and transcripts.
  • Article 50 of the EU AI Act requires that people are told when they are interacting with an AI system, unless that is obvious from the context.

2.4Everywhere

  • Tell people they are speaking with an AI where the law requires it, and always when they ask.
  • Give notice before recording or transcribing a call, and get consent where the law requires it.
  • Honour opt-out requests made during a call, and keep the number off future campaigns.
  • Identify the business on whose behalf you are calling and present a caller ID you are authorized to use.

The Voice AI Supplemental Terms and the Acceptable Use Policy make these obligations part of the agreement.

3.Service Provider Rules

Many Service Providers have specific requirements for using our calling services by us, our customers, and end users. These requirements may include:

  • Registration and verification of caller IDs, such as call authentication under STIR/SHAKEN in the United States.
  • Limits on call volumes, concurrent calls, and short-duration or abandoned calls.
  • Prohibited content and use cases, such as those in our voice infrastructure provider’s Prohibited Use Policy.
  • Pre-approval of certain campaigns, such as political or debt-collection calls.

By utilizing our calling services, customers agree to comply with these rules at all times. Before calling any new country, customers should contact their account manager to discuss applicable Service Provider rules, including any registration needed before calls can be placed.