The FCC’s Chairwoman Jessica Rosenworcel is considering taking an absolutely HUGE step to combat the rising wave of AI-generated telemarketing calls! On July 16, 2024, Chairwoman Rosenworcel proposed new rules aimed at providing consumers with greater transparency and protection against AI-driven scams and misinformation.

Now, the timing is just impeccable as Monday I spoke at LCOC about disclosure requirements that are quickly coming into effect at the state level. As I warned everyone, these requirements are happening, and they are happening FAST!

The proposed rules, if adopted at the FCC’s August Open Meeting, would require significant disclosures and protections regarding the use of AI in calls. Specifically, the proposal includes:

1. Establishing a clear definition for AI-generated calls to ensure precise regulation.
2. Mandating that callers disclose their use of AI when obtaining prior express consent from consumers AND during each call.
3. Encouraging the development of technologies that can alert and protect consumers from unwanted and illegal AI calls.
4. Safeguarding the positive applications of AI, particularly those that help people with disabilities utilize telephone networks without falling afoul of the Telephone Consumer Protection Act.

Chairwoman Rosenworcel emphasized the urgent need for these regulations stating that “[b]ad actors are already using AI technology in calls to mislead consumers and misinform the public. That’s why we want to put in place rules that empower consumers to avoid this junk and make informed decisions.”

This NPRM builds on the FCC’s recent Notice of Inquiry, which explored various aspects of AI-generated calls. The Commission has been actively addressing AI-related challenges including:

• Unanimously adopted a ruling clarifying the illegality of voice cloning technology in calls scams.
• Proposed fines for illegal calls using AI-generated voice cloning and caller ID spoofing, including a substantial fine related to election misinformation in New Hampshire.
•  Proposed fines against voice service providers that facilitate illegal calls.
• Sent letters to carriers inquiring about their efforts to prevent AI-driven fraudulent calls – particularly in political contexts.
•  Co-hosted a workshop with the National Science Foundation to discuss AI’s impact on consumer issues, including calls and texts.
• Begun considering disclosure requirements for AI-generated content in political advertisements on radio and TV.

We will keep you updated, but be prepared to comply ASAP if this gets passed!