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FCC’s NPRM has been published in the Federal Register. 

Comments on the NPRM are due by October 10, 2024, and reply comments are due October 25, 2024.

As reported previously, on August 7, 2024, the Federal Communications Commission (Commission) adopted a Notice of Proposed Rulemaking and Notice of Inquiry (TCPA AI NPRM & NOI) that proposed new rules to protect consumers from the abuse of Artificial Intelligence (AI) in robocalls and robotexts alongside actions that clear the path for positive uses of AI.  In addition, the Commission sought comment and information on developing technologies that can alert consumers to unwanted or illegal calls and texts, including AI-generated calls.

Definition of AI-Generated Calls:
As “a call that uses any technology or tool to generate an artificial or prerecorded voice or a text using computational technology or other machine learning, including predictive algorithms, and large language models, to process natural language and produce voice or text content to communicate with a called party over an outbound telephone call.” We acknowledge that AI technologies are evolving quickly and seek comment both on this proposed definition and on how to best ensure that any definition we adopt keeps pace with these changes.

Specific Consent and Disclosure Requirements: 

• Disclose that the call or text is AI-generated at the beginning of the communication.
• Obtain Specific Consent: Consent must explicitly agree to the use of AI in the call or text.
• Clear and Conspicuous Disclosures: Make sure it’s crystal clear to the recipient that AI is being used.

Press Release  (09/10/2024)
NPRM  (08/08/2024)
47 CFR Part 64 [CG Docket No. 23–362, FCC 24–84; FR ID 239002] Implications of Artificial Intelligence Technologies on Protecting Consumers From Unwanted Robocalls and Robotexts