Word just broke that today the FCC made a unanimous adoption of the Declaratory Ruling that AI-generated voices, including voice-cloning, 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.
Noted in the Declaration Ruling “…we confirm that the TCPA’s restrictions on the use of “artificial or prerecorded voice” encompass current AI technologies that resemble human voices and/or generate call content using a prerecorded voice. Therefore, callers must obtain prior express consent from the called party before making a call that utilizes artificial or prerecorded voice simulated or generated through AI technology. AI technologies such as “voice cloning” fall within the TCPA’s existing prohibition on artificial or prerecorded voice messages because this technology artificially simulates a human voice. Voice cloning and other similar technologies emulate real or artificially created human voices for telephone calls to consumers. They are “artificial” voice messages because a person is not speaking them, and, as a result, when used they represent the types of calls the TCPA seeks to protect consumers from.”
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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. 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.
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 companies have obtained prior express written permission from the consumer, are initiating for an emergency purpose or are exempt, the use of artificial or AI-generated voice robocalls must cease immediately.
Today was the fist step towards regulating AI generative voice, however, as mentioned in Commissioner Starks statement, most likely not the last “This work is critical. In the interim, agencies that have existing authority to regulate AI should work hard to address harmful uses of the technology. And they are. The Federal Trade Commission just finished accepting submissions for its Voice Cloning Challenge – an effort to encourage products, policies, and procedures aimed at protecting consumers from AI-enabled voice cloning harms. The Federal Election Commission has sought comment on prohibiting the deceptive use of AI in campaign advertisements.”
This has been a fast-paced year so far of changes, Troutman Amin LLP is here to help.
Read the FCC press release HERE.
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