Attorney General Anne Lopez has joined forces with 25 other attorneys general in signing a letter that urges the Federal Communications Commission (FCC) to impose restrictions on the use of artificial intelligence (AI) in marketing phone calls. This comes after the FCC sought public comment on the application and potential impact of AI in communications under the Telephone Consumer Protection Act (TCPA), without implementing any restrictions at that point.
Over two dozen attorneys general, including Hawaii's Anne Lopez, have called upon the FCC to address the potential risks associated with AI use in telemarketing. In the previous year, the FCC had initiated an inquiry into how AI is employed in communications and its implications. The agency aimed to understand how AI aligns with the TCPA and whether it could function as a live agent equivalent, according to a news release dated January 19.
Deputy Attorney General of the Commerce and Economic Development Division, Chris Leong, expressed his concerns about AI misuse. He said, "While the rapid, recent development of A.I. technology contains great potential, we must also remain vigilant as to the ways it can be misused. If A.I. can create artificial voices that will then robocall unsuspecting consumers, then these A.I. voices should not be treated differently from any other artificial or prerecorded voice already subject to regulation by the FCC," as stated in a January 19 news release.
The FCC had launched a public comment period following their Notice of Inquiry adopted on November 15, 2023. This period ended on December 18, 2023, with reply comments due by January 16, 2024. According to an announcement by the FCC, they specifically sought feedback on how AI technology could prevent unwanted and illegal texts and calls; ensure accessibility of automated calls for everyone; and enhance TRS usage with robocalls.
According to a news release from Hawaii's Attorney General’s Office, the office endorsed the letter arguing that marketers employing AI in marketing calls should adhere to TCPA regulations. This includes obtaining prior written consent from individuals who would receive these calls.
Apart from Hawaii, attorneys general from Alabama, Arizona, California, Colorado, Connecticut, Delaware, Washington D.C., Illinois, Massachusetts, Maine, Maryland, Michigan, Minnesota, Mississippi, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Vermont and Washington state also signed the letter.