FCC ruling makes AI-generated robocalls illegal

AI robocalls overview:

• Who: The Federal Communications Commission (FCC) issued a ruling declaring that AI robocalls are “artificial” calls.
• Why: The ruling makes AI robocalls illegal.
• Where: The FCC’s ruling is effective across the United States.

The Federal Communications Commission (FCC) has declared AI robocalls to be “artificial” calls according to the Telephone Consumer Protection Act (TCPA), making them illegal and providing a tool for state attorneys general to protect the public from scammers.

The FCC announced the adoption of the declaratory ruling on Feb. 8, noting that the ruling immediately makes AI robocalls illegal.

“Bad actors are using AI-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities and misinform voters,” FCC Chairwoman Jessica Rosenworcel said. “We’re putting the fraudsters behind these robocalls on notice.”

AI robocalls involve the use of voice cloning technology to mimic familiar voices to confuse consumers with disinformation, the FCC explains.

Before the FCC’s ruling, attorneys general could only target the outcome of an AI robocall, such as the fraud a bad actor was seeking to perpetuate. Now attorneys general will be able to go after AI robocalls themselves.

FCC AI robocall ruling provides new ways to hold scammers accountable

The FCC launched a notice of inquiry in November 2023 seeking information about how AI could be used for robocall scams and whether AI robocalls should be subject to the TCPA. With the new FCC ruling that the TCPA regulates AI robocalls, the FCC will be able to fine robocallers and take steps to block calls from telephone carriers that allow illegal robocalls.

Under the TCPA, individual consumers or organizations can also file lawsuits against robocallers to pursue compensation for TCPA violations.

In January, a scammer used an AI generated voice resembling that of President Joe Biden to discourage Democrats from voting in New Hampshire, NPR reports. This AI robocall reportedly reached thousands of voters a few days before the state’s primary elections.

The AI robocall scam was reportedly perpetrated by a Texas telemarketing company and transmitted by another Texas company, according to New Hampshire’s attorney general, who launched an investigation into the alleged attempt at illegal voter suppression.

AI technology has also been used to scam families by imitating the voice of a loved one who is purportedly calling because they are in danger and need money. These types of scams are reportedly on the rise and are becoming more realistic through the use of AI.

Last summer, the FCC announced that a new robocall scam prevention rule had taken effect requiring internet-based providers to comply with industry call-authentication standards.

What do you think about the FCC’s efforts to protect consumers from AI robocalls? Join the discussion in the comments.

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