NEW FCC AI REGULATIONS!: The FCC NPRM Mandatory Disclosure Requirements For AI-Generated Calls And Texts

As Commissioner Starks aptly put it, AI is the “new electricity” and “is here to stay.”

On August 8, the FCC dropped a Notice of Proposed Rulemaking (“NPRM”) that’s a huge deal to the AI and telecommunications industries.

Here’s the highlights:

• Defining AI-Generated Calls: The NPRM finally proposes a clear definition for “AI-generated calls.” According to the FCC, these are calls that use any tech or tool to generate an artificial or prerecorded voice or text using machine learning, predictive algorithms, or large language models. It’s the kind of tech that makes you wonder if you’re talking to a human or a really smart robot.
• Specific Consent and Disclosure Requirements: If you’re using AI to make outbound calls or texts, get ready to jump through some hoops. The proposed rules will require you to:
  1. Disclose that the call or text is AI-generated at the beginning of the communication.
  2. Obtain Specific Consent: Consent must explicitly agree to the use of AI in the call or text.
  3. Clear and Conspicuous Disclosures: Make sure it’s crystal clear to the recipient that AI is being used.
• Inbound Calls Are Safe… for Now: The NPRM specifically does not cover AI used in inbound calls, though you might still need to keep an eye on state regulations (why you would pay close attention to my state law blogs).

This NPRM hasn’t hit the Federal Register yet, but expect it in the next 6-8 weeks. That’s when the clock starts ticking on comments and feedback, so be ready. The FCC is accepting public comments on these proposals within 30 days of the NPRM’s publication – with reply comments due 45 days later.

The Troutman Amin 15 already require disclosures for AI-generated voices, and the TCPA has always mandated specific messaging for artificial or prerecorded voice calls. The real shake-up here is the formal definition of “AI-generated call” and the codification of these disclosure requirements.

This is all part of the FCC’s broader push to ensure that AI technology, while powerful, doesn’t turn into a tool for deception. With these new rules, the FCC is making sure that AI in telecommunications is transparent and above board.

Stay tuned to TCPAWorld.com for more updates as this NPRM progresses. And as always, if you’ve got questions, don’t hesitate to reach out!