FCC Bans AI Robocalls

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Fox Rothschild LLP

This past week, the Federal Communications Commission (FCC) announced in a press release that it has banned the use of AI-generated voices in robocalls. Specifically, the FCC adopted a ruling that finds calls using AI-generated voices to be classified as “artificial” under the Telephone Consumer Protection Act (TCPA). As the FCC explains on its website, the TCPA was enacted in 1991 in an effort to address telemarketing calls, and it restricts the use of automatic telephone dialing systems and artificial or prerecorded voice messages. It also requires companies to obtain prior express written consent from consumers before robocalling them and to utilize opt-out mechanisms.

This new finding will allow state Attorneys General to pursue those who use AI-generated voices in robocalls, particularly given the rise of calls intended to confuse consumers by using voices that imitate those of celebrities, political candidates, and others the recipient may know. As a result, companies should ensure that their marketing and advertising practices do not involve these illegal activities and adhere to the requirements of the TCPA.

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