Greetings TCPAWorld!

As my first blog post, I’d like to start with a big update. The FCC is taking proactive steps to ensure transparency and consumer protection as AI technology increasingly integrates into telecommunications. On August 7, 2024, at the Open Commission Meeting, the FCC adopted a Notice of Proposed Rulemaking that outlines new rules for AI-generated calls and texts. These proposals aim to safeguard consumers by requiring clear disclosures about the use of AI in communications.

Takeaways:

• AI Call Definition: The FCC proposes defining AI-generated calls as those using any technology or tool to generate an artificial or prerecorded voice or text. This includes computational technologies like machine learning, predictive algorithms, and large language models that process natural language to produce voice or text content for outbound calls or texts. The FCC is seeking public comments on whether this definition is specific enough or if further refinement is needed.
• Mandatory Disclosures: The FCC proposes that any caller using AI-generated voices must inform the recipient at the beginning of the call. This disclosure would clarify that the consumer’s consent to receive calls includes consent to AI-generated content. The same requirement would apply to auto-dialed text messages containing AI-generated content, with the message needing to meet the definition of an “automatic telephone dialing system” per the TCPA.
• Public Input and Implications: The FCC is seeking public comments on whether additional disclosures should be required at the point of consent. Specifically, they are interested in whether consumers should provide separate consent to receive AI-generated calls and whether these rules should apply prospectively or retroactively. There is a growing concern that new disclosure requirements could create operational burdens for callers, especially large institutions that rely on existing consents. The FCC also wants feedback on the potential privacy implications of real-time call detection, alerting, and call-blocking technologies.
• Consumer Protections and Privacy: The proposed rules balance protecting consumer privacy and allowing beneficial uses of AI in telecommunications. The FCC is considering whether to adopt privacy requirements based on notice-and-consent principles or implement more substantive protections like minimization requirements for data collection and restrictions on data sharing.

Next Steps & Deadlines:

The FCC is accepting public comments on these proposals within 30 days of the NPRM’s publication, with reply comments due 45 days later. This period is crucial for providing their input on how these rules could impact the future of AI-generated communications.