Do I have to tell callers they are talking to an AI?
If an AI voice agent answers your restaurant's phone, do you have to tell the caller? In the US, there is no single rule that makes every business announce AI on every call. But there are several rules, they differ by state, and they keep changing. The safe habit is simple: never let someone think they are talking to a person when they are not.
This is a plain-English summary of what law firms have written about it. It is not legal advice, and none of it is written specifically for restaurants. Check your own state, and ask a lawyer if you are not sure.
Calls you make are not the same as calls you answer
Most of the headlines about AI voices and phone law are about outbound calls, where a business rings a customer. In February 2024 the FCC ruled that the Telephone Consumer Protection Act (TCPA) covers current AI technologies that generate human voices. So an AI-voiced outbound call is treated like a robocall. You need the person's prior express consent, unless an emergency or a specific exemption applies. Another law firm makes the same point: the ruling clarified existing rules rather than creating new ones.
That ruling covers calls a business starts. If your phone rings and an AI picks up, that is a different situation, and the ruling does not say you need a recorded announcement. But if you want the AI to call guests back or send reminder calls, that is the outbound case. Get consent first.
What the states say (as far as we can tell)
State rules are where it gets uneven. One law-firm summary of AI disclosure laws on chatbots gives these examples:
- California (SB 1001) covers a bot used in a commercial transaction with the intent to mislead the other person about its artificial identity. That is narrower than some other states, and the law was written with online bots in mind.
- Maine requires disclosure when a bot's use may mislead consumers into thinking it is a human. The consumer does not have to ask.
- New Jersey requires bots used in selling or advertising merchandise or real estate to disclose at the start of the interaction.
- Utah requires sellers using generative AI in consumer transactions to disclose if the consumer asks.
- Colorado has rules for high-risk AI that call for disclosure unless it is obvious to a reasonable person. That law has been reported as rewritten and delayed, so check where it stands today.
The summary does not say which of these cover voice calls, and we are not claiming they do. What stands out is that the triggers differ. Some laws apply when the caller asks, some when the AI could mislead, and some at the start. One greeting that names the assistant covers all three.
The honesty rule sits on top of all this
Apart from AI-specific laws, the FTC has said companies should not mislead people about whether they are dealing with a human. A law-firm analysis of FTC activity on AI ties this to Section 5 of the FTC Act, which covers deceptive practices. It is a general principle, not a rule for restaurant phones. It still points the same way as the state laws: don't pretend.
What we do at Tableline
Novi, the phone agent from Tableline, tells the caller it is an AI if they ask. That is how the product works today. We tell owners to go further and say it up front, since it costs nothing and the question never comes up.
A simple setup for a restaurant
1. Pick one short greeting that names the assistant. For example: "Thanks for calling [restaurant]. I'm the restaurant's AI assistant. I can take a booking or answer questions, and I can pass you to a person at any time." Keep it short. Callers don't want a speech. 2. Make it easy to reach a person. Tell callers how to get one, and set up the handover to a human so it works when a caller asks, gets frustrated, or raises something the AI should not handle. Our page on what a good phone handover looks like shows the details. 3. Test it like a stranger would. Ring your own number and ask "am I talking to a real person?" Listen to the answer. Try it with a noisy background, and with an accent that isn't yours. 4. Be clear about what the AI does not do. Our piece on what voice AI does and does not do is a good checklist for what goes in the greeting and what stays with your staff. 5. Decide what happens after hours. If the AI covers for voicemail, use the same greeting there.
Why bother if the law is unclear?
Because the practical case is stronger than the legal one. A caller who feels tricked hangs up and tells a friend. A caller who hears "I'm the restaurant's AI assistant" and gets a booking in a minute usually doesn't care. Rules are also moving toward more disclosure, not less, so a greeting that already names the assistant won't need rewriting later.
Frequently asked questions
Do I have to tell callers they are talking to an AI?
There is no single US rule that says every business must announce AI on every inbound call. But some state laws require disclosure in certain situations, and the FTC has said companies should not mislead people about whether they are talking to a human. Naming the assistant in your greeting is the simplest way to stay on the safe side. This is not legal advice.
Does the FCC AI voice ruling apply to calls my restaurant answers?
The 2024 ruling is about AI voices in outbound calls, and says they need the same prior express consent as other artificial or prerecorded voices. It does not address calls you answer. If you use AI to call guests, get consent first.
What if a caller asks whether they are talking to a person?
Say plainly that it is an AI, and offer to pass them to a person. Novi does this when asked, and you should make sure any system you use does too.
Is the rule different in every state?
Yes, the state rules we found differ in when disclosure is needed: at the start, when the consumer asks, or when the bot might mislead. Check your own state's rules, and ask a lawyer if you are unsure.
Where can I read the actual laws?
Our summary is based on law-firm write-ups, not the statutes themselves. Start with the sources linked in this article and then read the law for your state.