The recent unanimous adoption of a Declaratory Ruling by the FCC has brought about significant changes in the battle against illegal robocalls. The ruling, which is effective immediately, classifies calls made with AI-generated voices as “artificial” under the Telephone Consumer Protection Act (TCPA), making voice cloning technology used in common robocall scams targeting consumers illegal. This decision has been well-received by State Attorneys General, who now have new tools at their disposal to go after the perpetrators of these nefarious robocalls.
Chairwoman Jessica Rosenworcel emphasized the importance of cracking down on the use of AI-generated voices in unsolicited robocalls, pointing out that bad actors are using this technology to extort vulnerable family members, imitate celebrities, and misinform voters. The rise of these types of calls in recent years has become a growing concern as the technology has the potential to confuse consumers with misinformation by imitating the voices of celebrities, political candidates, and close family members.
In response to the increasing prevalence of AI-generated robocalls, the FCC launched a Notice of Inquiry in November 2023 to gather information on how AI might be involved in illegal robocalls and how the agency can combat them. The inquiry sought to explore the potential for using AI for pattern recognition to identify and block illegal robocalls before they reach consumers. This proactive approach demonstrates the FCC’s commitment to leveraging technology for the greater good.
The Telephone Consumer Protection Act serves as the FCC’s primary tool for combatting junk calls, imposing restrictions on telemarketing calls, the use of automatic telephone dialing systems, and artificial or prerecorded voice messages. This recent Declaratory Ruling now ensures that AI-generated voices in calls are held to the same standards, providing a legal framework for prosecuting those who use this technology for illegal robocalls.
In addition to the FCC’s civil enforcement authority to fine robocallers, the Commission can also take action to block calls from telephone carriers facilitating illegal robocalls. Furthermore, the TCPA allows individual consumers or organizations to bring lawsuits against robocallers in court, and State Attorneys General have their own enforcement tools to combat robocalls.
The FCC’s decision has garnered support from a coalition of 26 State Attorneys General, who have expressed their endorsement of this approach. This collaborative effort reflects the FCC’s ongoing commitment to establishing partnerships with law enforcement agencies across the country to identify and eliminate illegal robocalls. By working together, these partnerships can provide essential resources for building cases and coordinating efforts to protect consumers and businesses nationwide.
The FCC’s existing Memorandum of Understanding with 48 State Attorneys General underscores the importance of collaboration in the fight against robocalls. By joining forces, the FCC and state law enforcement agencies can leverage their combined expertise and resources to effectively combat the growing threat of illegal robocalls.
Overall, the FCC’s Declaratory Ruling marks a significant milestone in the ongoing battle against illegal robocalls. By recognizing the use of AI-generated voices in calls as a violation of the TCPA, the FCC has provided State Attorneys General with valuable tools to target and prosecute those behind these fraudulent and malicious robocalls. This proactive approach underscores the importance of leveraging technology and collaboration to protect consumers from the scourge of illegal robocalls.