FCC Announces AI-Generated Voice Robocalls Subject to TCPA Restrictions

The FCC recently issued a declaratory ruling announcing that the TCPA’s restrictions on the use of “artificial or prerecorded voice” apply to current AI technologies such as “voice cloning” that generate human voices.  As a result, calls using these AI technologies are subject to the TCPA’s requirement to obtain the express consent of the called party prior to initiating such calls absent an emergency purpose or exemption.

The ruling notes two additional FCC rules that apply to AI-generated voice robocalls: 1) all artificial or prerecorded voice messages must provide certain identification and disclosure information for the entity responsible for initiating the call; and 2) where the artificial or prerecorded voice message includes or introduces an advertisement or constitutes telemarketing, it must also offer specified opt-out methods for the called party to make a request to stop calling that telephone number.

The declaratory ruling became effective upon release on February 8, 2024.