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AI sales agents and AI phone calls now sound convincingly human, but in most U.S. states, companies aren't legally required to disclose when you're talking to a bot. In this episode of Brains Byte Back, journalist Erick Espinosa speaks with Cameron Powell, a partner at DeepLaw, about the patchwork of AI disclosure laws in the U.S. and how they compare to Europe.
Listeners in a 2025 Queen Mary University of London study mistook AI-cloned voices for real people 58% of the time. Meanwhile, social media is full of people cornering bots that refuse to admit what they are, and just as many people selling AI sales agents to businesses. This episode looks at what the law actually requires.
What you'll learn:
Europe: Article 50 of the EU AI Act, in force since August 2026, requires AI systems that interact with people to disclose that they're machines.
Maine: the strongest U.S. rule. Bots in commerce must disclose whenever they could pass for human, and consumers can sue.
Utah: a bot only has to admit it's AI if you ask directly.
California: its two bot laws were written for online bots and pre-recorded calls, not AI that talks back in real time.
New Jersey: disclosure only applies to bots selling merchandise or real estate.
The FTC: it can treat undisclosed bots as deceptive in commercial cases but, according to Powell, has never seriously enforced it.
What businesses using AI for sales, marketing and customer service should consider next.
Quick answers:
Do AI sales calls have to tell you they're AI? In most U.S. states, no. Maine requires disclosure when a bot could mislead a consumer; Utah requires it only if you ask; New Jersey only for merchandise and real estate sales.
Does the EU require AI disclosure? Yes. Article 50 of the EU AI Act requires it.
How can you tell if a caller is a bot? Ask directly: ”Are you a real person?” In some states, the answer is legally protected. But not in most.
Guest: Cameron Powell, Partner at DeepLaw, a law firm advising companies on AI and innovation.
Host:Erick Espinosa, host and journalist, Brains Byte Back by The Sociable.
Find out more about Cameron Powell.
Learn more about https://deeplawfirm.com/
Reach out to today’s host Erick Espinosa – [email protected]
Get the latest on tech news – https://sociable.co/
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