AI in Customer Communications

Short Answer

The Texas Responsible Artificial Intelligence Governance Act (TRAIGA), Business and Commerce Code § 552.051, imposes targeted governmental-agency and health-service disclosures, not a general private-retailer chatbot label. Other statutes, jurisdictions and the facts of a representation can create duties. The Deceptive Trade Practices-Consumer Protection Act (DTPA) and Federal Trade Commission (FTC) Act reach deceptive claims; the Telephone Consumer Protection Act (TCPA) and Federal Communications Commission (FCC) rules address covered artificial-voice calls; the FTC reviews rule prohibits specified fake reviews, including ones falsely presented as real customer experiences. A business needs controls over what its assistant promises and what data it uses, with a human route for exceptions.

Which Laws Apply

Texas AI-specific: Business and Commerce Code § 552.051 (government and health care disclosure only).

Generally applicable Texas law: DTPA; Business and Commerce Code chapters 302, 304 and 305 on telephone solicitation; contract law.

Federal: FTC Act sec. 5; TCPA, 47 U.S.C. § 227, and FCC 24-17; FTC Trade Regulation Rule on Consumer Reviews and Testimonials, 16 C.F.R. part 465; FTC impersonation rule.

Calls and Texts

The FCC’s February 8, 2024 Declaratory Ruling (FCC 24-17) confirmed that AI technologies that resemble human voices or generate call content with a prerecorded voice fall within the TCPA’s “artificial or prerecorded voice.” Calls using them to residential lines or cell phones need prior express consent, or prior express written consent for telemarketing, unless an exemption applies; must identify the caller and provide a callback number; and, for telemarketing, must offer an opt-out mechanism. State attorneys general can enforce the TCPA, and consumers can sue for statutory damages. Texas registration and do-not-call rules apply separately.

What the AI Says

A chatbot’s statements about prices, refunds, warranties or eligibility can create contract or DTPA disputes. Identify approved policy sources, keep effective dates and limit authority to make exceptions. The Pieces assurance is a real Texas example of AI-related accuracy representations scrutinized under the DTPA. It does not establish that every mistaken chatbot answer is actionable; consumer standing, the representation, reliance and loss remain relevant.

What the Business Says About Its AI

Claims about accuracy, human involvement, savings or capabilities must be truthful and substantiated. The FTC’s Operation AI Comply (September 2024) targeted AI-related claims; the FTC later set aside one of those orders (Rytr), and in June 2026 proposed a policy statement on AI accuracy. Texas’s Pieces Technologies assurance shows the Attorney General applying the DTPA to marketed AI accuracy metrics.

Reviews and Endorsements

The FTC’s 2024 rule on consumer reviews prohibits fake reviews, including reviews generated by AI that misrepresent that they come from real customers. AI-cloned endorsements raise false endorsement and publicity issues; see Deepfakes, Voice Clones, and Likeness.

Disclosure

Disclosure duties outside Texas depend on the jurisdiction and the service category. California, for example, requires a health facility, clinic, physician’s office or office of a group practice that uses generative AI to generate written or verbal patient communications about patient clinical information to include a disclaimer that the communication was AI-generated, with instructions for contacting a human provider (Cal. Health and Safety Code § 1339.75(a)). The duty does not apply when a licensed or certified provider read and reviewed the communication (§ 1339.75(b)). A Texas business serving people elsewhere should identify the applicable jurisdiction and service category; the Other States and the EU guide collects the selected rules and dates. A truthful AI disclosure can also reduce confusion, but it does not cure a false statement, authorize recording or waive privacy duties. Check the statute governing the actor and use before deciding whether disclosure is required.

Illustrative Example (Hypothetical)

A Texas solar company uses an AI voice agent to call leads who filled out a web form. It needs prior express written consent that covers AI-voiced telemarketing calls, caller identification and an opt-out at the start of the call, compliance with Texas telemarketing registration and do-not-call rules, and scripts that keep the agent from promising savings the company cannot substantiate.

What Is Unsettled

The final form of the FTC’s AI accuracy policy statement; whether Texas will require private chatbot disclosure in 2027.