On July 16, the FCC
proposed new consumer protections against AI-generated robocalls and planned to vote on these proposals at the August Open Meeting. If approved by the Commission during the meeting, these rules would clarify practices surrounding AI-generated robocalls and implement new requirements, including: (i) providing a clear definition of what is included in the term “AI-generated calls”; (ii) requiring disclosure by callers using AI-generated calls when obtaining prior express consent; (iii) requiring callers to inform consumers at the start of each call that it is AI-generated; and (iv) ensuring that protections are in place for beneficial AI applications, such as AI tools (that can assist individuals with disabilities) use the telephone network without the threat of TCPA liability.
The proposed protections would build on the FCC’s efforts earlier this year, which determined that AI calls are subject to TCPA regulations (covered by InfoBytes here). The FCC also highlighted other recent actions taken by the Commission to “protect consumers from AI-generated scams and misinformation,” including, among other things, a Declaratory Ruling against voice cloning in robocalls, proposed fines for illegal robocalls and deepfake voice cloning, and inquiries into carrier practices to prevent fraudulent AI robocalls.
