FALA Voice, SMS, and Telephony Compliance

Last updated: October 16, 2026

Your responsibilities when FALA records, transcribes, calls, texts, or hands conversations to people for your business. This notice is part of the Terms of Service. It is a summary, not legal advice; consult your own counsel.

Who This Applies To

This notice applies to every customer that uses FALA’s voice agent, chat agent, lead capture, human handoff, calls, texts, voicemail, call forwarding, or follow-up features. For all of these communications, you are the business communicating with the Visitor or recipient, and Elav8 is your technology provider acting at your direction.

Consent And Disclosure

If you enable voice, calls, SMS, or handoff, you must obtain and document required consent, identify your business, disclose AI-generated voice and recording/transcription where required, and honor opt-outs.

Some jurisdictions require all-party consent for recording or transcription. Some rules require AI voice disclosure within the first seconds of a call.

Recording, Transcription, and Web Chat

FALA transcribes and stores chat and voice conversations for you. Many states, including California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington, require the consent of every party before a communication is recorded or intercepted, and courts in Florida and California are hearing large numbers of lawsuits claiming that website chat and AI assistants recorded conversations without prior consent.

Before a Visitor’s first message or first spoken word, you should clearly disclose that they are talking to an AI system and that the conversation is processed, transcribed, and stored by you and your service providers, link your privacy notice, and obtain their agreement, for example by making starting the conversation the affirmative act of agreeing to a conspicuous notice. Consent obtained after a conversation begins may not be valid. FALA’s default widget notice is a starting point that you are responsible for reviewing and, where needed, strengthening.

AI and Artificial Voices

The Federal Communications Commission treats AI-generated voices as “artificial or prerecorded voice” under the Telephone Consumer Protection Act, so calls that use them generally require the called party’s prior express consent, and prior express written consent when the call is telemarketing. Artificial-voice messages must identify the caller at the start and provide a callback number, and telemarketing messages must offer an automated opt-out. Some states and the EU AI Act impose additional AI disclosure duties.

Calls and Texts

Obtain prior express written consent before sending marketing texts or making marketing calls with an automated system or artificial voice, as required by the TCPA and by state laws such as the Florida Telephone Solicitation Act. Keep records of each consent: who gave it, when, how, and the exact disclosure shown.

Honor revocations of consent made by any reasonable means (including replies such as STOP, quit, end, revoke, opt out, cancel, or unsubscribe) within the time the law requires, currently no more than 10 business days under FCC rules, and stop all communications the revocation covers. FCC rules on revocation scope and designated opt-out methods are changing; follow the rules in effect when you communicate.

Call and text only during permitted hours in the recipient’s time zone (for example, 8 a.m. to 8 p.m. under the Florida Telephone Solicitation Act, and narrower hours or holiday restrictions in some states), and scrub numbers against the National Do Not Call Registry, applicable state lists, and your own internal do-not-call list.

Register your brand and campaigns where carriers require it (such as A2P 10DLC and toll-free verification), follow CTIA messaging principles and carrier content rules, and include your business name and opt-out instructions in your messages.

Human Handoff and Tickets

When a conversation is handed to a person or turned into a helpdesk ticket, tell the Visitor what will happen next, limit the personal information you share to what is needed, and make sure the people and tools receiving it are bound to protect it. Do not tell a Visitor that a person will call or text them unless your team will actually do so and you have the consent required.

Emergencies

FALA is not an emergency service and cannot contact emergency services. Make clear to Visitors that they should call emergency services in an emergency, and configure your agent to direct them to do so.

International Communications

If you communicate with people outside the United States, laws such as Canada’s Anti-Spam Legislation, the EU ePrivacy Directive and GDPR, and the UK Privacy and Electronic Communications Regulations may impose stricter consent, identification, and opt-out requirements.

Customer Responsibility

You are responsible for TCPA, TSR, CTIA, A2P 10DLC, CAN-SPAM, CASL, PECR/GDPR, do-not-call, quiet-hour, and analogous laws that apply to your communications.

You agree to indemnify Elav8 for claims arising from your communications, as provided in the Terms of Service.

Our Rights

We may suspend calls, texts, or other features immediately, block numbers or messages, share information with carriers and registries as their rules require, and cooperate with investigations, if we believe a use violates law, carrier rules, or our policies.

Not Legal Advice

This notice summarizes common requirements and is not legal advice. Laws differ by location and change often. Consult your own legal counsel about the rules that apply to your business.