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FCC Makes AI-Generated Robocalls Illegal

In a landmark decision, the U.S. Federal Communications Commission (FCC) has unanimously ruled that robocalls made with voices generated by artificial intelligence (AI) tools are illegal.

In a Declaratory Ruling issued in early February, the Commission summarized its determination that calls that include AI-generated voices are “artificial” under the Telephone Consumer Protection Act (TCPA) and, therefore, illegal. Under the TCPA, violators are subject to FCC enforcement authority, including fines and actions to block calls from telephone carriers that facilitate illegal robocalls. In addition, individual consumers are empowered under the TCPA to bring lawsuits against robocallers.

The Declaratory Ruling, which takes immediate effect, is based in part on a Notice of Inquiry issued by the Commission in November 2023 to solicit public input on how AI and AI-influenced technology can or will impact calling and texting processes and the extent to which such technology could compromise consumer privacy under the TCPA.

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The FCC’s decision to make AI-generated robocalls illegal also has the support of a coalition of 26 State Attorneys General across the U.S., who urged the FCC earlier this year to restrict the use of AI in marketing phone calls.

Read the FCC’s Declaratory Ruling on AI-generated robocalls.

The appeal from the State Attorneys General supporting the FCC’s action is summarized in a press release issued by the Pennsylvania Attorney General.

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