FCC Investigates the Risks of AI-Powered Robocalls: What You Need to Know

As robocalling continues to be a pressing issue, the emergence of realistic, AI-powered writing and synthetic voice technology could exacerbate the problem. In response, the FCC is proactively examining how generated robocalls may be addressed under existing consumer protection laws.

Chairwoman Jessica Rosenworcel has proposed a Notice of Inquiry that will be voted on at the FCC's upcoming meeting. If the proposal passes—an outcome that is highly anticipated—the FCC will formally investigate how the Telephone Consumer Protection Act (TCPA) can be utilized to combat scammers and spammers employing AI technology.

Rosenworcel emphasized the dual-edged nature of AI in her statement. "While we recognize the challenges that AI presents, we must also acknowledge its potential to enhance communication networks and improve customer interactions—particularly in tackling unwanted robocalls and robotexts. We need to carefully consider both the opportunities and risks, and the initiative we are launching today will help us to better understand both aspects."

Industries that rely heavily on voice communication, such as customer service, are already exploring how automation and generative AI can enhance the effectiveness of human agents. For instance, rather than delivering scripted responses, call center employees could leverage AI to access a knowledge base and generate personalized scripts to address specific customer experiences. Additionally, AI could revolutionize the tedious process of navigating call menus with options like “If you are calling about this, press 1… for that, press 2…”, making interactions more user-friendly.

However, while these technologies can streamline workflows and enhance user interfaces, they also have the potential to deceive or frustrate consumers. One can envision, and many have likely already experienced, robocalls tailored to individuals based on their profession, age, and location—scams that were once time-consuming to devise but can now be automated.

The evolving nature of this threat places the FCC in a crucial position to take action. While the agency has previously imposed record fines on robocallers (though not all fines are collected), staying ahead of new tactics is essential. This inquiry aims to equip them with the insights necessary to tackle emerging challenges.

Rosenworcel outlined specific goals for this inquiry, including:

- Assessing how AI technologies align with the FCC’s responsibilities under the Telephone Consumer Protection Act (TCPA).

- Determining if and when future AI technologies will fall under the TCPA.

- Evaluating how AI influences existing regulatory frameworks and future policy development.

- Considering methods to verify the authenticity of AI-generated content from trusted sources.

- Identifying any necessary next steps for advancing this inquiry.

While some may find these objectives somewhat vague, it's important to remember that such inquiry initiatives provide crucial support for the agency when establishing regulations and defending its actions in court.