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FCC Proposes New TCPA Rules For AI Calls and Texts

Client Updates / August 28, 2024

Written by: Haim Ravia, and Dotan Hammer

The U.S. Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking (NPRM) and a Notice of Inquiry regarding AI-generated calls and texts. This proposal, now open for public comment, aims to ensure transparency and protect consumers from the potential misuse of AI technology, including fraud, impersonations, and misinformation.

The NPRM proposes defining an AI-generated call as “a call that uses any technology or tool to generate an artificial or prerecorded voice or a text using computational technology or other machine learning, including predictive algorithms, and large language models, to process natural language and produce voice or text content to communicate with a called party over an outbound telephone call”.

Key actions outlined in the NPRM include:

  • New rules requiring callers to clearly and conspicuously disclose to consumers when a call is AI-generated. This would help consumers identify and avoid potential fraud or scams. Additionally, the FCC suggests that callers disclose the use of AI-generated content when obtaining consumers’ consent to receive such calls and provide an option to opt-out.
  • For telemarketing calls and texts that require prior written consent, the FCC proposes that callers include “clear and conspicuous disclosure” in the written agreement, informing consumers that they are authorizing the use of AI-generated technology.
  • Exemption for artificial or prerecorded voice calls made by individuals with speech or hearing disabilities using AI or related technologies. This exemption ensures that beneficial uses of AI for accessibility are not hindered.
  • Invitation to comment on the development of technologies that could alert consumers in real-time to potentially fraudulent or unwanted AI-generated calls and texts.

Click here to read the FCC’s Notice of Proposed Rulemaking and Notice of Inquiry.

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