Same Rules, New Tech: AI Calls Must Comply with the TCPA

Sometimes, it’s important to have a legal reminder—much like reminding your kids to say “please” or “thank you” for the thousandth time. So, here’s your reminder: if you’re using artificial intelligence (AI) to make calls or send texts, they are subject to the Telephone Consumer Protection Act (TCPA).

Back in February 2024, the Federal Communications Commission (FCC) unanimously adopted a Declaratory Ruling that classifies AI-generated voices in calls as “artificial” under the TCPA. This means that AI voice calls must comply with the same restrictions as other artificial or prerecorded voice calls:

• You must obtain prior express written consent for AI-generated marketing calls.

• You must obtain prior express consent for non-marketing, AI-generated calls, such as those for political, charitable, informational, or transactional purposes.

This decision followed a series of incidents, including calls that used AI to impersonate former President Biden’s voice in an effort to mislead voters during the New Hampshire primary. The FCC’s action made clear that AI cannot be used to evade longstanding consumer protections.

And in August 2024, the Commission issued a Notice of Proposed Rulemaking (NPRM) proposing new consumer protections specifically tailored to AI-generated calls and texts. The proposal includes:

1. Defining what constitutes an AI-generated call;

2. Requiring clear disclosure to consumers that the caller intends to use AI when obtaining consent;

3. Requiring real-time disclosure during each AI-generated call;

4. Supporting call authentication and blocking tools to detect and prevent illegal AI robocalls; and

5. Protecting beneficial uses of AI, such as technologies that help individuals with disabilities use the phone system.

The public comment period closed in late 2024. With new FCC Chairman Brendan Carr in place since January, it's unclear whether the agency will adopt, delay, or abandon the proposed AI rule. A formal statement is expected in the coming months, but the path forward for AI regulation remains uncertain.