FCC Issues Declaratory Ruling that TCPA Applies to AI-Generated Voice Calls
On February 8, 2024, the Federal Communications Commission (FCC) unanimously declared that calls using AI-generated, cloned voices are now subject to the protections outlined within the Telephone Consumer Protection Act (TCPA). This ruling deems such calls as falling under the category of artificial or prerecorded voice and prohibits them without prior express consent. Effective immediately, callers must obtain consent from recipients before initiating a call using an artificial or prerecorded voice, unless there is an applicable statutory exemption or emergency.
The FCC’s decision comes as a response to an increasing trend of AI-generated calls that utilize the voices of celebrities, family members, and even political candidates in an attempt to deceive consumers. By extending the TCPA’s regulatory scope to encompass calls employing any form of AI voice technology, the FCC aims to protect consumers from unwanted solicitations and fraudulent practices.
The agency’s ruling explicitly identifies AI-generated technologies, such as voice cloning, which can replicate both real and artificially created human voices, as falling within the purview of the TCPA. This means that consumer protections under the TCPA now unequivocally apply to these types of calls.
The FCC’s move follows its earlier decision in November 2023 to launch a Notice of Inquiry, through which it sought to gain a deeper understanding of the issue and explore potential solutions. Recognizing the growing prevalence of AI-generated calls, the FCC recognized the urgent need to address the problem and ensure the safeguarding of consumers’ interests.
With this latest ruling, the FCC intends to curb the deceptive practices associated with AI-generated voice calls by imposing strict regulations that require prior consent from recipients. By doing so, it aims to restore trust in voice communications and protect consumers from being targeted by malicious actors.
While some may argue that this ruling may hinder legitimate uses of AI-generated voice technology, the FCC emphasizes that its primary motive is to shield consumers from unwanted and potentially harmful calls. It acknowledges that scams and fraudulent activities undertaken through AI-generated voices have become a pervasive problem, necessitating the need for immediate action to protect consumers.
In conclusion, the FCC’s recent declaratory ruling will significantly affect the landscape of AI-generated voice calls. Callers will now be required to obtain explicit consent before using AI-generated or prerecorded voices, barring any statutory exemptions or emergencies. By expanding the TCPA’s coverage to encompass these calls, the FCC aims to enhance consumer protection and combat deceptive practices that exploit AI voice technology. This ruling demonstrates the FCC’s commitment to ensuring a safer environment for voice communications and underscores the importance of transparency and consent in an increasingly digitized world.
