State attorneys general ask FCC to clarify TCPA requirements for AI calls

The NOI is one of several current efforts at the FCC to assess the impact of emerging AI technologies. The NOI’s questions address a broad range of issues, including the definition of AI for TCPA purposes, the benefits and risks of current and future AI technologies used for robocalls and texts, the scope of the FCC’s authority, and future areas of regulatory inquiry.

The State AGs call attention to two questions in the NOI regarding voices generated by AI technology. First, the NOI asks whether it would “be helpful to define AI technologies in a more specific way to take into consideration the potential ability of AI technologies to function as the equivalent to a live agent when interacting with consumers.” Second, the NOI asks “whether AI technology can minimize the nuisances associated with the use of artificial or prerecorded voice messages by acting as the functional equivalent to calls with live agents.”

In their letter, the State AGs urge the FCC to clarify that “any type of AI technology that generates a human voice should be considered an ‘artificial voice’ under the TCPA and that callers using these technologies are bound by TCPA requirements for prior express written consent.”

The FCC notes in the NOI that the TCPA’s “existing prohibition on ‘artificial‘ voice messages encompasses current AI technologies that generate human voices.” Citing its “soundboard technologies” Declaratory Ruling and Order, the FCC suggests that the relevant question going forward may be “whether the technology at issue performed in the same manner as a live agent in interacting with consumers.”

Authored by Mark Brennan, John Castle, Jay Mills, and Ambia Harper.