FCC Proposes New Consent and Disclosure Rules for AI-Generated Calls and Texts

On Wednesday, August 7, the Federal Communications Commission (FCC) approved a Notice of Proposed Rulemaking (NPRM) that would amend its rules under the Telephone Consumer Protection Act (TCPA) to incorporate new consent and disclosure requirements for the transmission of AI-generated calls and texts. The NPRM builds off the FCC's recent Notice of Inquiry (NOI) on the effect of AI on illegal robocalls and texts, which we previously discussed here.

The NPRM seeks comment on new rules that would require a sender to clearly and conspicuously specify in its consent form that the consent extends to AI-generated calls and texts and secure the consumer's consent for such calls and texts before they could be transmitted. The proposal also would require a sender of AI-generated content to, at the beginning of the call or text, clearly disclose to the called party that AI-generated technology is being used.

The proposal defines "AI-generated" to mean content "that uses any technology or tool to artificially generate a voice or text using computational technology or other machine learning, including predictive algorithms, and large language models, to process natural language and produce voice of text content to communicate with a called party over an outbound telephone call." Notably, this definition does not extend to inbound communications.

The NPRM exempts from its requirements artificial or prerecorded voice calls made by an individual with a speech or hearing disability using any technology, including AI technology, designed to facilitate telephone communications for such individual. The exemption would apply as long as the call does not contain an unsolicited advertisement.

The proposal is the latest in a string of actions that reflect the FCC's increasing focus on ways in which AI can affect the industries and services it regulates.

Comments on the NPRM will be due 30 days after its publication in the Federal Register.