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ARTICLE · 23 FEBRUARY 2024

FCC Declares AI-Generated Robocalls Unlawful

Artificial Intelligence (AI)-generated robocalls may trick some consumers into thinking they are being called by a human being...

United StatesMedia, Telecoms, IT, Entertainment

Artificial Intelligence (AI)-generated robocalls may trick some consumers into thinking they are being called by a human being, but the Federal Communications Commission clarified in a recent AI Declaratory Ruling that it will not be fooled. Moving forward, all AI-generated robocalls will be treated as artificial or prerecorded voice calls for purposes of the Telephone Consumer Protection Act (TCPA) and will require a called party's prior express consent. The AI Declaratory Ruling reflects a first step by the FCC in crafting a new record on AI's implications for consumers' rights under the TCPA. That record began last November when the FCC released an AI-focused Notice of Inquiry (NOI), which sought industry and stakeholder comments on the potential benefits and risks of AI for consumers. By confirming that AI technologies used in robocalls are artificial or prerecorded voice calls under the TCPA, the FCC hopes to stem the rapid proliferation of AI-generated

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