The FCC announced that robocalls made with artificial intelligence-generated voices are prohibited under the Telephone Consumer Protection Act (TCPA). This ruling follows recent reports of AI-generated robocalls that imitated President Biden’s voice in the run up to the New Hampshire primary. “Bad actors are using AI-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities, and misinform voters,” FCC Chairwoman Jessica Rosenworcel said in a statement. “We’re putting the fraudsters behind these robocalls on notice.”
As background, the TCPA protects consumers from unwanted calls made using an “artificial or prerecorded voice.” In relevant part, the TCPA prohibits initiating:
“any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party” unless a statutory exception applies or the call is “exempted by rule or order by the Commission under [section 227(b)(2)(B)].”
This FCC Declaratory Ruling found that AI-generated voices are indeed “artificial” and therefore illegal without the called party’s prior express consent. This ruling is significant because it goes beyond fraudulent or scam calls, which were already illegal. It extends to all AI-generated calls, unless the called party consents in advance. While fraudulent election calls or annoying telemarketers may be the central aim of this ruling, it will likewise apply to businesses advertising to consumers, local governments, schools, and other entities with whom the called party may have a relationship.
If you have questions about the permissible use of AI phone calls by your business or organization, contact our office for a consultation with one of our attorneys.
