Introduction
The Federal Communications Commission (FCC) is currently evaluating a Notice of Proposed Rulemaking (NPRM) concerning the definition and regulation of AI-generated calls. This initiative seeks to address the complexities introduced by artificial intelligence technologies in telecommunications, particularly in relation to existing regulations under the Telephone Consumer Protection Act (TCPA).
Description
The Federal Communications Commission (FCC) is seeking public and industry input on a Notice of Proposed Rulemaking (NPRM) regarding the definition of AI-generated calls [2], acknowledging the broad range of technologies and functions encompassed by artificial intelligence. The FCC has clarified that AI technology that mimics human voice falls under the classification of artificial or prerecorded voice calls as defined by the Telephone Consumer Protection Act (TCPA). This act prohibits initiating calls to residential or mobile lines using such voices without prior express consent from the recipient [1].
Many commentators argue that the proposed definition of AI-generated calls is unnecessary [2], as these communications are already covered under existing TCPA regulations. They caution that introducing further definitions could create confusion in the telemarketing sector and lead to litigation concerning the technology used for calls and texts [2], advocating instead for adherence to the current TCPA language [2].
Additionally, there are recommendations for the FCC to refrain from regulating AI-generated text messages [2], as these messages are typically not misleading and serve beneficial purposes [2], such as banking alerts and authentication codes [2].
The NPRM suggests new disclosure requirements for AI-generated calls and texts [2], mandating that callers obtain express written consent upfront and inform recipients that the communication is AI-generated at the start of each call or message [2]. For autodialed text messages containing AI-generated content [2], clear disclosures would also be required [2]. However, many commentators view these proposed requirements as excessive [2], given the existing classification of AI-generated communications under the TCPA [2].
The FCC’s rulemaking process has garnered substantial feedback from various industries [2], highlighting the necessity for a balanced approach that supports the practical use of AI-generated content while considering potential consumer harm. Companies utilizing AI-generated calls or texts for marketing purposes are advised to seek legal counsel to ensure compliance with the FCC’s regulatory efforts [2].
Conclusion
The FCC’s exploration of AI-generated call regulations underscores the need to balance technological advancement with consumer protection. While the proposed rules aim to clarify and enhance existing regulations, they have sparked debate over their necessity and potential impact on the telemarketing industry. The outcome of this rulemaking process will significantly influence how AI technologies are integrated into telecommunications, affecting both industry practices and consumer experiences.
References
[1] https://www.jdsupra.com/legalnews/is-ai-calling-legal-7781007/
[2] https://www.jdsupra.com/legalnews/what-is-an-ai-generated-call-7424594/
