This is educational material and does not constitute legal advice nor is any attorney/client relationship created with this article, hence you should contact and engage an attorney if you have any legal questions.

Effective immediately, the FCC on February 8, 2024 has clarified with a Declaratory Ruling that voices generated with artificial intelligence are “artificial” under the meaning of the Telephone Consumer Protection Act (“TCPA”) (47 U.S.C. § 227).

The TCPA already prohibits outbound cold “robocalls” which are defined as automatic telephone dialing systems that “initiate” phone calls using “artificial” or “prerecorded” voices without the recipient’s consent.

Specifically, the TCPA makes it unlawful “to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party.” (Emphasis added.) Such calls made to mobile devices are likewise prohibited.

Until now, it was ambiguous whether the term “artificial” included AI-generated voices. While the Declaratory Ruling does not introduce new terms to, or otherwise amend, the TCPA, the Ruling has removed any such ambiguity by making clear that the term “artificial” shall indeed be read to include AI-generated voices.

The Ruling considered the intended meaning of the word “artificial,” with the FCC unanimously agreeing that voice cloning, with AI or otherwise, when used to simulate human voices on a telephone call, is “artificial” for purposes of the TCPA.

Henceforth, therefore, the usual TCPA requirements are still in place if AI is to be used for outbound “robocalls,” including:

• Consent: Prior express consent is required from the called party

• Opt-out options: If the call includes an advertisement or is tantamount to telemarketing, opt-out methods must be provided to the called party in order to avoid future calls

• Disclosures: All robocalls must provide identification and disclosure information for the responsible entity initiating the call

As a practical matter, if your company or website utilizes outbound robocalling functionality, it appears that the use of AI voice platforms such as vocode and other AI-powered phone support systems may still be used, provided that you continue to adhere to the TCPA.

If you have questions about whether your company or service is in compliance with the TCPA, don’t hesitate to reach out.