Does this mean I cannot use AI?
As far as a business is concerned, this can all easily be resolved by ensuring you are only ever calling individuals in your own database who have previously agreed to receive a call.
Firstly this law only affects USA residents and citizens, and has no bearing whatsoever on any other country. And the USA is the only country with such regulation. Regarding this recent US law banning AI-based calls from the FTC, ChatCapital can address this issue by ensuring that our AI-powered calling system complies with all relevant regulations and guidelines when calling USA citizens and residents in the US. What's more, this legislation is actually many years old, but recently got "activated" with more attention due to some unscrupulous bad actors impersonating with a deep fake President Joe Biden in this election year by calling 10,000 USA residents in his voice. Needless to say, the USA Federal government had to jump on this and make sure there were laws to stop this kind of thing from happening.
What You Need To Know
The Impact of the FCC’s Ban on AI-Generated Robocalls
As far as your business is concerned, this can all easily be resolved by ensuring you are only ever calling individuals in your own database who have previously agreed to receive a call.
Inside our own platform, we have a failsafe measure that checks if any people calling have declared their number off limits for any type of cold calling. With this activated, these numbers are simply not called.
The name of this USA listing to never be cold called is the National Do Not Call Registry. This registry is maintained by the Federal Trade Commission (FTC) and allows individuals to register their phone numbers to opt-out of receiving telemarketing calls, including cold calls. All businesses are required to comply with the National Do Not Call Registry and refrain from making cold calls to individuals who have registered their phone numbers on the list.
ChatCapital prides itself as a responsible AI-powered tool for outbound calls and we have setup our systems to help businesses comply with the National Do Not Call Registry by providing features that allow for the exclusion of registered phone numbers from their call lists. Additionally, ChatCapital can help businesses ensure compliance with other relevant regulations and guidelines, such as providing clear and accurate caller identification information and allowing recipients to opt-out of receiving automated calls at any time.
Implementing measures such as obtaining prior consent from customers before making automated calls, providing clear and accurate caller identification information, and allowing customers to opt-out of receiving automated calls at any time.
- The Federal Communications Commission (FCC) has banned AI-generated robocalls in response to concerns about bad actors using AI to mimic someone’s likeness and voice to target consumers.
- The ruling is a unanimous decision that considers AI-generated voices in robocalls as “artificial” under the Telephone Consumer Protection Act (TCPA), making such calls illegal.
- The ban on AI-generated robocalls is expected to provide state attorneys general with new tools to go after scammers and fraudulent activities.
- The FCC’s ruling applies to any nonemergency call made using an auto-dialer or prerecorded or artificial voice, whether commercial or not, if it is made to a wireless phone.
- The ban is a significant step in the ongoing battle against unwanted calls, which have plagued consumers for years.
- The FCC’s ruling leaves businesses open to legal challenges due to the broad language used in the notice, which fails to clearly define the use of AI in robocalls.
- The ruling is a response to a recent deceptive robocall impersonating President Biden, which generated concern ahead of the New Hampshire primaries.
- The FCC’s action expands the authority of states to prosecute creators of unsolicited AI-generated robocalls, making such calls illegal from the beginning.
- The ban will significantly impact businesses who use or are considering AI-generated robocalls, as they are now required to obtain explicit consent for such calls.
- Multiple bills have been introduced in Congress to tackle AI-generated robocalls, including the No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act and the Do Not Disturb Act.
- The FCC’s ruling is a decisive step in the ongoing battle against unwanted calls, which have been a nuisance to individuals and businesses alike.
- Businesses should assess their marketing communications tactics in response to the FCC’s ban on AI-generated robocalls.
Protecting Consumers
In a significant move to protect consumers from AI-generated robocalls, the Federal Communications Commission (FCC) recently announced that such calls are illegal under the Telephone Consumer Protection Act (TCPA). This ruling is a response to the growing concern about the use of artificial intelligence (AI) in unsolicited robocalls, which are often associated with scams and fraudulent activities.
The FCC’s ruling is a unanimous decision that considers AI-generated voices in robocalls as “artificial” under the TCPA. This means that robocalls that implement voice cloning technology and target consumers are now illegal. The ruling is expected to provide state attorneys general across the country with new tools to go after the people behind these nefarious robocalls.
The FCC’s decision follows a Notice of Inquiry launched in November 2023, which sought to better understand the impact AI could have when it comes to protecting consumers from “unwanted and illegal telephone calls and text messages under the TCPA”. The agency received a letter signed by attorneys general from 26 states asking the FCC to act on restricting the use of AI in marketing phone calls.
The FCC’s ruling is a significant step towards protecting consumers from AI-generated robocalls, which have been a nuisance to individuals and businesses alike. These calls often use AI-generated voices of trusted celebrities to gain the trust of the target, a technique known as voice cloning. Robocallers not only sell products or services in an annoying way, but they’ve also been known to be part of political misinformation campaigns.
Under the new ruling, those who wish to send robocalls must obtain prior express consent from the called party before making a call that utilizes artificial or prerecorded voice simulated or generated through AI technology. Violations of the TCPA are subject to stiff civil penalties, with abusers facing fines of up to $1,500 per incident without a cap on damages.
The FCC’s previous actions against international robocalls appear to have reduced apparently illegal robocall traffic across multiple networks. The agency hopes that this new announcement will lead to an even bigger reduction in such calls.
The FCC’s ban on AI-generated robocalls is a significant development in the ongoing efforts to protect consumers from unsolicited and fraudulent calls. The ruling is expected to provide law enforcement agencies with new tools to go after the people behind these nefarious calls, and it serves as a reminder to businesses and individuals to obtain prior express consent before making any AI-generated robocalls.
How to Remain Compliant
To remain compliant with such laws in the US, you can follow best practices such as:
Obtaining prior express consent from customers before making automated calls.
Providing clear and accurate caller identification information, including the name of the business, contact information, and the reason for the call.
Allowing customers to opt-out of receiving automated calls at any time and honoring their opt-out requests promptly.
Implementing a do-not-call list to ensure that customers who have opted out are not contacted again.
Regularly reviewing and updating its compliance policies and procedures to ensure that they are up-to-date with the latest regulations and best practices.
By following these best practices, ChatCapital can ensure that its AI-powered system is used in a responsible and compliant manner, while still delivering the benefits of automated outbound calls to businesses and customers alike.
There are some restrictions on AI calling companies or businesses in the USA, particularly in the context of telemarketing calls, but these rules are quite different from those relating to individuals.
The National Do Not Call Registry by the FTC is only for individuals and does not apply to businesses or companies. Therefore, there are no restrictions on AI cold calling of companies’ phone numbers in the USA. However, businesses should follow best practices and not making unsolicited calls to companies or individuals.
To remain compliant with the FTC’s regulations, businesses should maintain their own do-not-call lists and honor the requests of individuals who do not wish to receive telemarketing calls.
Additionally, businesses should ensure that their AI-based calling systems are configured to comply with all relevant regulations and best practices for telemarketing and robocalling.
This is all focused around how the Federal Trade Commission (FTC) has established the National Do Not Call Registry, which is a list of phone numbers from consumers who have indicated their preference to limit the telemarketing calls they receive. The registry is managed by the FTC and enforced by the FTC only in the USA, the Federal Communications Commission (FCC), and state officials.
The National Do Not Call Registry covers intrastate telemarketing calls under the FCC’s rules, and there are some exemptions to the Do Not Call rules.
For example, the Registry does not apply to political calls or calls from non-profits and charities, but it does cover telemarketers calling on behalf of charities.
In terms of best practices for remaining compliant with such laws in the US, businesses should ensure that they have obtained express consent directly from the consumer to place calls, and that they are aware of any relevant regulations and guidelines enforced by the FCC.
Businesses should also ensure that they are complying with the Telemarketing Sales Rule, which includes provisions related to disclosures, waiting periods, and accessing the National Do Not Call Registry.
Regarding the use of AI-powered tools for outbound calls, businesses should ensure that they are obtaining prior consent from consumers before making automated calls and providing clear and accurate caller identification information. Businesses should also allow consumers to opt-out of receiving automated calls at any time and implement measures to ensure that they are not making calls to registered phone numbers on the National Do Not Call Registry.
Overall, businesses should be aware of the relevant laws and regulations related to telemarketing calls and ensure that they are implementing best practices to remain compliant with such laws in the US.
How ChatCapital Is Helping
Inside our own platform, we have a failsafe measure that checks if any people calling have declared their number off limits for any type of cold calling. With this activated, these numbers are simply not called.
The name of this USA listing to never be cold called is the National Do Not Call Registry. This registry is maintained by the Federal Trade Commission (FTC) and allows individuals to register their phone numbers to opt-out of receiving telemarketing calls, including cold calls. All businesses are required to comply with the National Do Not Call Registry and refrain from making cold calls to individuals who have registered their phone numbers on the list.
ChatCapital prides itself as a responsible AI-powered tool for outbound calls and we have setup our systems to help businesses comply with the National Do Not Call Registry by providing features that allow for the exclusion of registered phone numbers from their call lists. Additionally, ChatCapital can help businesses ensure compliance with other relevant regulations and guidelines, such as providing clear and accurate caller identification information and allowing recipients to opt-out of receiving automated calls at any time.
Implementing measures such as obtaining prior consent from customers before making automated calls, providing clear and accurate caller identification information, and allowing customers to opt-out of receiving automated calls at any time.