FCC Clarifies AI Call TCPA Legality

On February 8, 2024, the Federal Communications Commission ("FCC") issued a Declaratory Ruling clarifying that telemarketing calls utilizing AI are regulated by the Telephone Consumer Protection Act ("TCPA") and its implementing rules. The FCC enacted the TCPA over thirty years ago to protect consumers from invasive telemarketing practices. Recognizing the threat that emerging AI technologies could pose to consumers, the FCC has made clear that calls employing AI technology are subject to the TCPA's restrictions on "artificial or prerecorded voice" transmissions.

As our readers are aware, on January 31, 2024, FCC Chairwoman Jessica Rosenworcel released a statement proposing that the FCC impose blanket TCPA restrictions on AI telemarketing calls. Specifically, Chairwoman Rosenworcel suggested that the FCC issue a Declaratory Ruling making clear that, for purposes of the TCPA, AI-generated voices are "artificial." A little over a week later, the FCC did just that.