Robocalls

Yesterday, the Federal Communications Commission (FCC) released the agenda for its February Open Meeting, which is scheduled for February 27, 2025.  This is the first agenda released by the FCC under new Chairman Brendan Carr.  The agenda items on which the commissioners will vote at the meeting will include the following:

  • A Notice of Proposed Rulemaking seeking input on proposed updates to 10-year-old service specific AWS-3 bidding rules to fulfill the agency’s “statutory obligation to initiate an auction of licenses for the AWS-3 spectrum in the Commission’s inventory by June 23, 2026.”  Proceeds from the auction will support the program that reimburses advanced communications service providers for the cost of removing and replacing Huawei Technologies or ZTE Corporation equipment and services in their networks.
  • A Notice of Inquiry seeking comment on the potential for freeing up additional mid-band spectrum in the Upper C-band for new services, including whether authorization and transition mechanisms similar to those used in the successful 3.7 GHz Service transition could be applied.  The NOI will solicit comments on the parameters for new opportunities in the Upper C-band, the potential need for amending the U.S. Table, and the current and future needs of existing operators while considering the impact on aviation radio altimeters.  It also will invite detailed proposals on transition mechanics and structure, and requests technical and economic data on the costs and benefits of authorizing new services in the Upper C-band.

Continue Reading FCC to Tackle Robust Agenda at February Open Meeting

On September 26, 2024, the Federal Communications Commission (“FCC”) issued a $6 million fine against political consultant Steve Kramer for “illegal robocalls made using deepfake, AI-generated voice cloning technology and caller ID spoofing to spread election misinformation to potential New Hampshire voters prior to the state’s January primary presidential election.”   The fine follows a $1…

Continue Reading FCC Fines Political Consultant $6 Million for AI-based “Deepfake” Robocalls

Updated September 12, 2024. Originally posted August 7, 2024.

On Wednesday, August 7, the Federal Communications Commission (FCC) approved a Notice of Proposed Rulemaking (NPRM) that would amend its rules under the Telephone Consumer Protection Act (TCPA) to incorporate new consent and disclosure requirements for the transmission of AI-generated calls and texts. The NPRM builds off the FCC’s recent Notice of Inquiry (NOI) on the effect of AI on illegal robocalls and texts, which we previously discussed here.

The NPRM seeks comment on new rules that would require a sender to clearly and conspicuously specify in its consent form that the consent extends to AI-generated calls and texts and secure the consumer’s consent for such calls and texts before they could be transmitted. The proposal also would require a sender of AI-generated content to, at the beginning of the call or text, clearly disclose to the called party that AI-generated technology is being used.Continue Reading FCC Proposes New Consent and Disclosure Rules for AI-Generated Calls and Texts

The Federal Communications Commission (FCC) recently adopted two Notices of Apparent Liability (NALs) in connection with its investigation into AI-based “deepfake” calls made to New Hampshire voters on January 21, 2024.  The NALs follow a cease-and-desist letter sent on February 6 to Lingo Telecom, LLC (Lingo), a voice service provider that originated the calls, demanding that it stop originating unlawful robocall traffic on its network, which we previously blogged about here.Continue Reading FCC Proposes Fines for AI-based “Deepfake” Robocalls Before New Hampshire Primary

Updated October 14, 2024.  Originally posted February 26, 2024.

On February 15, the Federal Communications Commission (“FCC”) adopted new consent revocation rules for robocalls and robotexts, which the FCC defined as calls made using an “automatic telephone dialing system” or an artificial or prerecorded voice.  Under the Telephone Consumer Protection Act (“TCPA”) and the FCC’s implementing rules, callers and texters must obtain “prior express consent” or “prior express written consent,” depending on the call/text content, from consumers to send such communications absent an applicable exemption. 

According to the Order, the new rules “clarify and strengthen consumers’ rights under the TCPA to grant and revoke consent to receive robocalls and robotexts.”  Specifically, the adopted rules (1) “make clearer that revocation of consent can be made in any reasonable manner;” (2) “require that callers honor do-not-call and consent revocation requests as soon as practicable” and within 10 business days of receipt; and (3) “limit text senders to a one-time text message confirming a consumer’s request that no further text messages be sent.”  

The effective date of the rules is April 11, 2025.  We summarize these new requirements below.Continue Reading FCC Adopts New TCPA Consent Revocation Rules

On February 6, the Federal Communications Commission (“FCC”) announced that it had sent a letter to Lingo Telecom, LLC (“Lingo”) to demand that Lingo “immediately stop supporting unlawful robocall traffic on its networks.”  As background, Lingo is a Texas-based telecommunications provider that, according to the FCC’s letter, was the originating provider for “deepfake” calls made by Life Corp. to New Hampshire voters on January 21, 2024.  The calls, which imitated President Biden’s voice and falsified caller ID information, took place two days before the New Hampshire presidential primary and reportedly advised Democratic voters to refrain from voting in the primary.  Continue Reading FCC Issues Cease-and-Desist Letter Regarding Robocalls Made Before New Hampshire Primary

On October 16, 2023, a group of Wisconsin state senators introduced S.B. 531, which would amend the state’s telephone solicitation statute to create new restrictions on “caller identification records,” which the bill defines in relevant part as “a record that is delivered electronically to the recipient of a telephone call or text message . . . that indicates the telephone number from which the telephone call or text message was initiated or similar information . . .”

If enacted, the bill would prohibit a person from “knowingly transmit[ing] a misleading or inaccurate caller identification record through a telephone call or text message with the intent to defraud or wrongfully obtain anything of value, including personally identifiable information.” Continue Reading Anti-Spoofing Caller ID Bill Introduced in Wisconsin

Yesterday, FCC Chairwoman Jessica Rosenworcel announced that she will be circulating for consideration to her fellow commissioners a proposed Notice of Inquiry (“NOI”) that will seek to develop a public record on how artificial intelligence capabilities may be affecting the proliferation of illegal robocalls and texts, and what tools may be available to address this challenge.  The FCC’s commissioners are expected to consider whether to adopt this NOI at the agency’s next open meeting on November 15, 2023.Continue Reading FCC to Consider Inquiry into AI’s Effects on Illegal Robocalls and Texts

The Federal Communications Commission and National Science Foundation announced this week that they will co-host a workshop on July 13, 2023, entitled “The Opportunities and Challenges of Artificial Intelligence for Communications Networks and Consumers.”

Per the press release, the workshop will cover a number of issues, including “AI’s transformative potential to optimize network traffic; improve…

Continue Reading FCC and NSF Announce Workshop on Artificial Intelligence