The FCC is reviewing how to define artificial intelligence related to “robocalls” and “robotexts” and the impact of AI technologies on consumer privacy under the TCPA. The AGs support rulemaking related to AI calls and the TCPA.
01/24/2024 1:10 P.M.
3 minute read
A coalition of 26 state attorneys general is urging the Federal Communications Commission to restrict use of artificial intelligence (AI) in marketing phone calls in response to a Notice of Inquiry (PDF) from the FCC to better understand the impact of AI technologies.
The FCC issued the notice in November 2023 to examine how AI can protect consumers as well as its privacy and safety risks when used in calls, according to a news release from the FCC (PDF).
“In the case of robocalls and robotexts, AI could improve analytics tools used to block unwanted calls and texts and restore trust in our networks. But AI could also permit bad actors to more easily defraud consumers through calls and text messages, such as by using technology to mimic voices of public officials or other trusted sources,” the FCC said.
Reply comments on the notice closed this month after a first round of comments in December.
The AGs submitted comments to the FCC noting that marketing companies seeking to use AI to impersonate a human voice should be required to follow the Telephone Consumer Protection Act rules on artificial voices, particularly that consumers provide prior express written consent for the calls.
The FCC sought comment on:
- How to define AI in the “robocall” and “robotext” context.
- The current state of AI use in calling and texting.
- The impact of emerging AI technologies on consumer privacy rights under the Telephone Consumer Protection Act.
- Next steps the commission should take to address these issues.
The FCC received 16 comments and reply comments, including from Twilio Inc., USTelecom, The Broadband Association, and Numeracle Inc.
They supported guidance for callers from the FCC on AI risk management and how the TCPA applies to calls generated by AI.
ACA’s Take
ACA International has supported AI regulation without impacting innovation in the financial services industry.
Potential rules on AI continue to be a top issue for regulators and in Congress.
In November 2023, a Senate subcommittee met with witnesses from consumer groups, businesses and technology organizations about ongoing legislative work to stop robocalls, enforcement efforts to reduce the impacts of robocalls and scammers’ use of artificial intelligence to generate robocalls, ACA previously reported.
The hearing was an important opportunity to gauge legislators’ focus on the issue and for ACA to advance efforts to ensure communications from legitimate businesses are getting through.
ACA submitted a letter (PDF) to subcommittee leadership in advance of the hearing outlining support for the FCC’s efforts to target illegal scam calls and text messages as well as the need to address FCC policies to stop robocalls that instead have resulted in limiting legitimate informational calls that consumers need.
Meanwhile, the FCC continues to focus on requirements to address illegal or unwanted robocalls or texts, especially within the telecom industry.
It has released two proposals on targeting and eliminating unlawful text messages in the last year, ACA previously reported.
ACA’s advocacy team continues to work with the FCC on behalf of members to ensure it understands the industry’s need for communications with consumers to be protected while supporting mitigation against bad actors. ACA has resources available for working with your phone carriers on call and text blocking.
ACA hosted a Hot Topic webinar, “Robotic Collections: Precision with AI,” this week.
A panel of experts discussed how you can integrate AI into your business operations and address common concerns and provide actionable advice on embracing AI in your business. An archive of the webinar will be available on ACA’s education website under past recordings.
Remember, subscribe to ACA Daily and Member Alerts under your My ACA profile when logged in to acainternational.org to receive updates on the ACA Huddle.