BREAKING NEWS: Effective Immediately the Use Of AI in a “Robocall” Is Illegal
Thursday, February 8, 2024

Word just broke that today the FCC made a unanimous adoption of the Declaratory Ruling that AI-generated voices are “artificial” under the TCPA and with that, the FCC made the use of AI to generate a voice in a “robocall” illegal effective immediately.

If you have been keeping up, and I know it is tough these days, you will recall that the Dame brought you some clarification at the beginning of the month around this topic.

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In November of 2023, the FCC started a Notice of inquiry around the use of AI both for the good, to use AI to help mitigate illegal calls under the TCPA, and the bad, the use of AI in connection with “robocall” scams and other fraud calls.

Chairwoman Rosenworcel is quoted as saying “Bad actors are using AI-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities, and misinform voters. We’re putting the fraudsters behind these robocalls on notice… State Attorneys General will now have new tools to crack down on these scams and ensure the public is protected from fraud and misinformation.”

26 state AGs came together to submit a letter to the FCC in support of recognizing AI-generated voice as “artificial” and enforcing it under the requirements of the TCPA. Pennsylvania’s AG Michelle Henry is quoted as saying “Technology is advancing and expanding, seemingly, by the minute, and we must ensure these new developments are not used to prey upon, deceive, or manipulate consumers. This new technology cannot be used as a loophole to barrage consumers with illegal calls. I commend the partners in this bipartisan coalition for seeing the potential harm A.I. can present to consumers already overwhelmed by robocalls and text communications.”

What does this mean? As the Dame has already outlined, unless you have obtained prior express written permission from the consumer to use artificial or AI-generated voice you must cease the use of this practice immediately.

Read the FCC press release HERE.

 

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