In an effort to curb the use of AI, voice cloning technology, in robocall scams, the Federal Communications Commission (FCC) on February 8, 2024 passed a unanimous vote banning unsolicited robocalls with AI-generated voices. issued a declaratory judgment. In the ruling, which is effective immediately, the FCC clarified that the federal Telephone Consumer Protection Act (TCPA), which aims to curb nuisance calls, also prohibits unsolicited AI-generated robocalls.
Robocalls are prerecorded or computer-generated voice messages that are delivered simultaneously to many phone users. AI enhances the capabilities of robocalls, making them more sophisticated and deceptive. With the advent of generative AI, fraudsters can take a person’s tiny voiceprint and generate messages that sound exactly like that person. AI-powered voice cloning allows fraudsters to imitate the voices of real individuals, such as celebrities, politicians, and family members. AI also enables personalized and targeted robocalls by analyzing data about individuals obtained from social media and other sources. Voice duplication and personalization make robocalls more persuasive and more likely to trick individuals into providing sensitive information, potentially leading to identity theft and financial fraud.
In its decision, the FCC notes that the TCPA’s restrictions on the use of “artificial or prerecorded voices” without consent do not apply to the use of AI technology that resembles the human voice or prerecorded voices to generate call content. It was declared that it would be applied to AI technology. The FCC currently can fine violators more than $23,000 per call and block phone companies that make nuisance calls. The FCC’s ruling also gives state attorneys general new tools to sue bad actors. The FCC ruling does not ban AI calls outright, but it does require callers using such technology to obtain the prior explicit consent of the recipient to initiate such calls. It means something.
FCC Chairwoman Jessica Rosenworcel said anyone can fall victim to AI fraud. “From Tom Hanks promoting his dental plan online to sleazy videos featuring Taylor Swift to phone calls from candidates for political office aimed at confusing us about when and where to vote. And we’re already seeing this happening,” she said. “With this declaratory judgment, we will have another tool to track voice cloning scams and eliminate this junk.”
The FCC is moving rapidly to address AI-generated robocalls. In November 2023, the European Commission launched an investigation into how the TCPA can be used to limit the impact of AI on nuisance and illegal calls. And in December 2023, the FCC issued a memorandum with 48 attorneys general investigating robocall fraud campaigns and “building a record against potential bad actors.”
As AI helps robocalls evolve into more sophisticated and deceptive tools, regulatory efforts to combat the rise in nuisance calls will increase, as will public awareness campaigns and efforts to protect consumers. We expect the lawsuits to intensify.
