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What Happened to Air.ai? The FTC Case, Settlement and Alternatives

What happened to Air.ai: the FTC complaint filed August 2025, the March 2026 stipulated order with an $18M largely suspended judgment and business opportunity ban, and what to use instead.

By the ColdCalls.ai team

August 2026 · 8 min read

Air.ai was sued by the Federal Trade Commission. On August 25, 2025 the FTC filed a complaint against Air Ai Technologies, Inc. (also doing business as Air Ai and Scale 13), five related companies and owners Caleb Maddix, Ryan O'Donnell and Thomas Lancer, alleging that since at least February 2023 they made false earnings claims, false refund and buy-back guarantee claims, and misrepresented what their service did, in violation of the Telemarketing Sales Rule and the Business Opportunity Rule. On March 24, 2026 the FTC filed a proposed stipulated order carrying an $18 million judgment, largely suspended for inability to pay, requiring the operators to pay $50,000 for consumer relief and banning them from selling or marketing any business opportunity. The air.ai domain now serves an unrelated product.

Almost everything written about this online is either months out of date or repeats a version of the story that was never in the FTC filings. What follows is taken from the FTC's own case page and press release, re-checked on August 1, 2026. Where something is an allegation rather than a finding, it says so, because that distinction matters and most write-ups drop it.

What happened to Air.ai?

Air.ai launched in 2023 as an AI voice agent that could hold long sales and customer service phone calls, and it was marketed heavily to entrepreneurs and small businesses, in large part as an opportunity to resell the technology rather than simply as software to use. That marketing is what the FTC took action over. Here is the documented timeline.

DateWhat happened
At least February 2023Start of the conduct alleged in the FTC complaint
August 25, 2025FTC files a complaint for permanent injunction and monetary judgment, plus a motion for a temporary restraining order, in the US District Court for the District of Arizona
March 24, 2026FTC files a proposed Stipulated Order for Permanent Injunction, Monetary Judgment and Other Relief, with an unopposed motion to enter it. Commission vote 2-0
August 1, 2026FTC case page still lists the case status as Pending, last updated March 24, 2026. The air.ai domain serves an unrelated product titled "Air | Enterprise Readiness"

The named defendants were Air Ai Technologies, Inc., a Delaware corporation also doing business as Air Ai and Scale 13, together with Apex Holdings Group LLC, Apex Scaling LLC, Apex 4 Kids LLC, New Life Capital LLC and Onyx Capital LLC, all Arizona limited liability companies, and three individuals in their capacity as officers: Caleb Matthew Maddix, Ryan Paul O'Donnell and Thomas Matthew Lancer.

What did the FTC accuse Air.ai of?

Four things, and it is worth reading them precisely because they are narrower and more specific than "Air.ai was a scam".

AllegationRule involved
Falsely claiming that people who purchase their services will or are likely to make substantial earningsDeceptive earnings claims
Falsely claiming that purchasers of the Air AI Access Card or licenses were protected by a refund or buy-back guaranteeDeceptive claims
Misrepresenting the performance, efficacy, nature or central characteristics of the services, the refund policies, or the risk, earnings potential or profitabilityTelemarketing Sales Rule
Failing to provide required disclosure documents and earnings claims statements, making false profitability and refund claims, and failing to give refunds when consumers met the stated requirementsBusiness Opportunity Rule

The Business Opportunity Rule is the interesting one for anyone buying AI software today. It applies when a product is sold as a business you can run, not simply as a tool you can use, and it requires the seller to hand over a specific disclosure document and to substantiate any earnings claim in writing. A software licence sold as software does not trigger it. A licence sold as "buy this and resell it to local businesses for recurring revenue" can.

What was the Air.ai settlement?

The proposed order filed on March 24, 2026 does four things. It imposes a monetary judgment of $18 million, which is largely suspended based on the company's and the operators' inability to pay the full amount, with the operators required to pay $50,000 to the Commission for consumer relief. It bans Air AI and its operators from selling or marketing any business opportunity at all. It bans them from making false claims or misrepresentations while telemarketing, or otherwise violating the Telemarketing Sales Rule. And it bans them from making earnings claims without adequate substantiation and disclosure.

Two details that get lost in the retellings. First, the $18 million figure is mostly symbolic: it is suspended, and the money actually changing hands is $50,000. Suspended judgments typically become payable in full if the defendants are later found to have misrepresented their finances. Second, the FTC's own note on the release says that stipulated orders have the force of law when approved and signed by the district court judge, and the FTC case page still showed the status as Pending when we checked on August 1, 2026. So this is a settlement the parties agreed to and the Commission approved, presented to a court.

Is Air.ai still in business?

Not as the AI calling product people bought. The air.ai domain now resolves to something unrelated, a product presenting itself under the title "Air | Enterprise Readiness", which is not the AI cold calling agent that was sold in 2023 and 2024. The business opportunity ban in the proposed order is permanent and covers the companies and the three named individuals. If you are reading vendor comparisons that still list Air.ai as a live option in the AI calling category, those pages have not been updated, and there are a lot of them.

If you bought a licence and are trying to work out where you stand, the FTC's case page for Air.ai is the primary source and carries the actual filings. Consumer relief in a case with a largely suspended judgment and $50,000 paid to the Commission is not going to make purchasers whole, and the FTC has not announced a refund program for this matter.

Was Air.ai a scam?

The accurate answer is that the FTC alleged deceptive conduct and the defendants agreed to a settlement that bans them from the business opportunity market, and that a stipulated order resolving a case is not the same thing as a court finding of fact after a trial. The allegations are the FTC's, they are detailed and specific, and the defendants did not oppose entry of the order. What the FTC actually targeted was the way the product was sold, the earnings promises, the refund and buy-back guarantee, and the missing business opportunity disclosures, rather than a claim that AI voice agents do not work.

That distinction matters if you are shopping for AI calling software right now. The technology category is real and has serious vendors in it. The failure here was a sales model built on earnings claims to small businesses, which is a pattern the FTC has pursued across many industries long before AI existed.

What should I use instead of Air.ai?

It depends on which half of the promise you actually needed. Air.ai was sold both as a working AI phone agent and as a reseller opportunity, and only the first of those has replacements.

If you want an AI agent that makes your outbound calls, qualifies and books meetings without you building anything, that is the done-for-you category, and it is what we do. Our side-by-side breakdown lives on the Air.ai alternative page, and the wider category comparison is on best AI cold calling software. If you would rather build the agent yourself and wire up your own telephony, models and voices, the developer platforms are the honest answer: we compare them fairly on our Bland.ai, Vapi and Retell AI pages, including where they beat us. And if what you actually wanted was for someone else to own the whole calling motion, the third option is people rather than software, which we priced out honestly on cold calling services.

What the Air.ai case should change about how you buy AI calling software

Five practical filters come straight out of the filings.

Treat any earnings claim as a red flag, not a selling point. A vendor telling you what you will make is making a claim the FTC regulates. Ask for the substantiation in writing. A serious vendor will talk about connect rates, conversation volume and cost per meeting for your list, and will decline to promise revenue.

Check whether you are being sold software or a business opportunity. If the pitch involves reselling licences, territories, or an "access card", you are in Business Opportunity Rule territory and the seller owes you a disclosure document. Its absence tells you a lot.

Get the refund terms from the contract, not the webinar. The refund and buy-back guarantee was one of the four things the FTC alleged was false. Whatever is promised verbally, read what the agreement says about cancellation, notice periods and what happens to your data and call recordings when you leave.

Ask who carries the compliance liability. Outbound calling is regulated whoever places the call. The FTC's Telemarketing Sales Rule caps abandoned calls at 3% of calls answered by a person, measured per campaign over 30 days, and the FCC confirmed in February 2024 that AI-generated voices fall under the TCPA. As the seller on whose behalf the calls go out, most of that exposure is yours. We cover the detail in is AI cold calling legal and on the TCPA compliant AI calling page.

Watch the vendor after you sign, not just before. The FTC says the conduct here went back to at least February 2023, more than two years before the complaint was filed. Enforcement is a lagging indicator, and by the time a regulator acts, the people who noticed early have usually been saying so publicly for a long time. Setting up a standing alert so you actually see what customers are saying about a vendor across forums and review sites costs nothing and would have given anyone in this category a two-year head start.

The short version

Air.ai is not a live option. The FTC sued in August 2025, the parties filed a proposed stipulated order in March 2026 with an $18 million largely suspended judgment, $50,000 in consumer relief and a permanent ban on marketing business opportunities, and the domain now belongs to something else. The AI calling category itself is fine. The lesson is about how the product was sold, and it applies to every vendor pitch you hear from here on: claims about your earnings are regulated, guarantees belong in the contract, and the compliance liability for outbound calls follows the seller, not the software.

If you want to see what a compliant AI calling agent actually sounds like before you commit to anything, the AI cold calling software page has the demo, and what AI cold calling costs lays out the pricing models in the category without the earnings promises.

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