As Commissioner Carr put it, AI remains a “frothy hot topic,” a sentiment echoed during the FCC’s August 7, 2024, hearing, where the Commission officially implemented new rules to regulate AI-generated “robocalls” and “robotexts.”

This rules include:

1. Mandatory Disclosure: Callers using AI to generate robocalls or robotexts must disclose this at two critical points: 1) when obtaining prior express consent from consumers and 2) at the start of each communication. This requirement ensures that consumers are aware they are interacting with AI-driven communications, which is designed to aid consumers in making informed decisions and avoid potential scams.
2. Protection for Beneficial AI Uses: The rules also safeguard AI technologies that assist people with disabilities. These beneficial uses are protected under the TCPA and are not subject to the same restrictions as AI-generated telemarketing efforts.

These rules are part of the FCC’s broader strategy to address the growing impact of AI.

The FCC has been proactive in tackling AI-driven fraud and misinformation, building on previous actions that include setting standards for AI use in political advertising and cracking down on illegal AI-powered “robocalls.”

The FCC will now seek additional comments and feedback through a Notice of Inquiry to refine these rules further.