On Feb. 8, the Federal Communications Commission (FCC) issued a unanimous declaratory ruling confirming the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voice” include artificial intelligence (AI) technologies that clone human voices. The ruling took effect immediately. Going forward, callers must have prior consent to make a call using an AI-generated voice.
FCC’s Recent AI Efforts
The declaratory ruling follows quickly on the heels of a Jan. 31 announcement from FCC Chairwoman Jessica Rosenworcel, in which she proposed the FCC should use its existing authority under the TCPA to prohibit AI voice-generated robocalls made without the recipient’s consent. “Bad actors are using AI-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities, and misinform voters,” Chair Rosenworcel said in a statement following the ruling’s release. The ruling means the FCC can fine violators and potentially block the telephone companies that fail to take appropriate actions to prevent illegal AI-generated calls crossing their networks. The ruling also allows victims to seek monetary compensation for violating the TCPA and state attorneys general to sue bad actors. The ruling should not affect callers that have obtained consumer consent to receive artificial or prerecorded informational or telemarketing calls unless the calls are fraudulent or use illegally spoofed telephone numbers.
Other recent FCC actions have shown the commissioners are increasingly concerned about the growing use of AI in robocalls. Last November, the FCC initiated an inquiry into AI’s impact on robocalls and robotexts, and requested comments be submitted by Jan. 16. Additionally, on Feb. 6, the FCC issued a cease-and-desist warning to two companies accused or originating a robocall campaign that used an AI-generated voice of President Joe Biden urging voters in New Hampshire’s Jan. 23 Republican primary to stay home.
Congressional Activity
Lawmakers have also shown interest on this issue, most recently by introducing a package of bills that would address the use of AI in informational business calls and text messages. As we reported earlier, the “Do Not Disturb Act,” a bipartisan package being led by House Energy and Commerce Committee Ranking Member Frank Pallone (D-NJ), would alter the TCPA and create new disclosure requirements for AI-generated calls and text messages. While the legislation faces a long path in Congress, the persistence and unpopularity of abusive illegal robocalls may make this an enticing area for legislation in an election year. All legitimate businesses that make phone calls and send text messages that could be subject to the TCPA should pay close attention as this regulatory area continues to evolve.
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