The FCC is grappling with issues at the intersection of AI and consumer marketing. On February 2, 2024, the FCC adopted a declaratory ruling that AI-generated human voices constitute “artificial or prerecorded voice[s]” under the TCPA, which governs telemarketing phone calls and text messages. Although companies may still use AI technology for telemarketing purposes, the ruling makes clear that they must comply with all TCPA requirements when doing so. For example, such companies must obtain prior express consent before calling a party even when providing an AI-generated equivalent of a live agent via voice cloning.
The FCC’s decision may come as no surprise, considering the Federal Trade Commission’s warnings about the use of AI when creating and marketing digital products. Nonetheless, companies that employ AI and telemarketing to promote their business should add this ruling to their list of considerations when strategizing in today’s changing legal landscape.