The FCC Declares AI-Generated Voice Robocalls Illegal: What You Need to Know

FCC Moves to Ban AI Robocalls

The Federal Communications Commission (FCC) is advancing its plan to prohibit AI robocalls. On Wednesday, commissioners unanimously approved a Declaratory Ruling initially proposed in late January. This ruling classifies robocalls using AI-generated voices as "artificial" under the Telephone Consumer Protection Act (TCPA), making them illegal. The ban takes effect immediately.

“Bad actors are using AI-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities, and misinform voters. We’re putting the fraudsters behind these robocalls on notice,” stated FCC Chairwoman Jessica Rosenworcel. “State Attorneys General will now have new tools to combat these scams and protect the public from fraud and misinformation.”

The TCPA, enacted in 1991, prohibits the use of artificial or recorded voices to call residences without prior consent. The FCC is responsible for implementing rules to enforce this legislation. According to the FCC, telemarketers must obtain "prior express written consent from consumers before making robocalls." This new Declaratory Ruling extends those same requirements to AI-generated voice calls.

This decision comes at a critical moment for AI technology. The misuse of AI voices has recently been highlighted, particularly when an AI-generated version of President Joe Biden's voice was featured in a robocall encouraging Democrats not to vote in New Hampshire's presidential primary. A criminal investigation is currently ongoing regarding that incident.

Given the upcoming election year and the anticipated rise in misinformation, enforcing a ban on AI robocalls is a proactive measure. While state attorneys general can address robocallers directly, the FCC retains the power to impose fines under the TCPA. Last year, the agency levied its largest fine of $300 million against a company responsible for over 5 billion robocalls in just three months.