FCC roundup: Actions involving AI, robocalls and connected cars
Artificial intelligence has permeated much of auto finance.
But the use of AI by bad actors triggered the Federal Communications Commission to make multiple moves in recent weeks.
The FCC recently announced the unanimous adoption of a declaratory ruling that recognizes calls made with AI-generated voices are “artificial” under the Telephone Consumer Protection Act (TCPA).
And the FCC also adopted new rules the regulator said are meant to further protect consumers from unwanted robocalls and robotexts.
Furthermore, the FCC is taking a greater interest in connected cars and how they can be involved in potential domestic violence.
The AI-connected ruling, which took effect immediately, makes voice cloning technology used in common robocall scams targeting consumers illegal.
The FCC explained this move would give state attorneys general new tools to go after bad actors behind these nefarious robocalls.
“Bad actors are using AI-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities, and misinform voters. We’re putting the fraudsters behind these robocalls on notice,” FCC chair Jessica Rosenworcel said in a news release.
“State attorneys general will now have new tools to crack down on these scams and ensure the public is protected from fraud and misinformation,” Rosenworcel continued.
The FCC said the rise of these types of calls has escalated during the last few years as this technology now has the potential to confuse consumers with misinformation by imitating the voices of celebrities, political candidates and close family members.
While currently state attorneys general can target the outcome of an unwanted AI-voice generated robocall — such as the scam or fraud they are seeking to perpetrate — the FCC explained this action now makes the act of using AI to generate the voice in these robocalls itself illegal, expanding the legal avenues through which state law enforcement agencies can hold these perpetrators accountable under the law.
In November, the FCC launched a notice of inquiry to build a record on how the agency can combat illegal robocalls and how AI might be involved.
The agency asked questions on how AI might be used for scams that arise out of junk calls, by mimicking the voices of those we know and whether this technology should be subject to oversight under the TCPA.
Similarly, the FCC officials also asked about how AI “can help us with pattern recognition so that we turn this technology into a force for good that can recognize illegal robocalls before they ever reach consumers on the phone.”
The Telephone Consumer Protection Act is the primary law the FCC uses to help limit junk calls. It restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.
Under FCC rules, it also requires telemarketers to obtain prior express written consent from consumers before robocalling them.
Officials said this declaratory ruling ensures AI-generated voices in calls are also held to those same standards.
Officials also pointed out the TCPA gives the FCC civil enforcement authority to fine robocallers.
The FTC said the TCPA can take steps to block calls from telephone carriers facilitating illegal robocalls.
In addition, the TCPA allows individual consumers or an organization to bring a lawsuit against robocallers in court.
Lastly, state attorneys general have their own enforcement tools which may be tied to robocall definitions under the TCPA.
A coalition of 26 state attorneys general recently wrote to the FCC supporting this approach, according to the news release.
“By taking this step, the FCC is building on its work to establish partnerships with law enforcement agencies in states across the country to identify and eliminate illegal robocalls,” officials said.
“These partnerships can provide critical resources for building cases and coordinating efforts to protect consumers and businesses nationwide,” they continued. “The FCC offers partner states not only the expertise of its enforcement staff but also important resources and remedies to support state investigations.
The FCC currently has a memorandum of understanding with 48 state attorneys general to work together to combat robocalls.
New rules to stop robocalls
As mentioned, the FCC also recently adopted new rules to further protect consumers from unwanted robocalls and robotexts.
The FCC explained that it is trying to make it simpler for consumers to revoke consent, requiring that callers and texters implement requests in a timely manner.
Officials reiterated the TCPA restricts robocalls and robotexts absent the prior express consent of the called party or a recognized exemption.
“Over many years, the commission has made clear that consumers have a right to decide which robocalls and robotexts they wish to receive by exercising their ability to grant or revoke consent to receive such calls and texts,” officials said.
The FCC explained the new rules require that robocallers and robotexters honor do-not-call and consent revocation requests within a reasonable time, not to exceed 10 business days from receipt.
Officials also noted the action codifies the FCC’s 2015 ruling that consumers can revoke consent under the TCPA through any reasonable means.
The regulator pointed out this move also adds to the FCC’s 2012 ruling that clarified that a one-time text message confirming a consumer’s request that no further text messages be sent does not violate the TCPA as long as the confirmation text merely confirms the called party’s opt-out request and does not include any marketing information.
Furthermore, the FCC is seeking comment on whether the TCPA applies to robocalls and robotexts from wireless providers to their own subscribers and whether consumers should have the ability to revoke consent and stop such communications.
Action involving connected cars
Finally, Rosenworcel called on the FCC to help stop abusers from using connectivity tools in vehicles to harass and intimidate their partners.
The chair’s proposal would examine how the agency can use existing law to ensure manufacturers and wireless service providers are taking steps to assist abuse victims and seek comment on additional steps the FCC can take to safeguard domestic violence survivors.
Rosenworcel said her proposal follows multiple media reports of smart car services being used to stalk and harm survivors of violence and abuse.
“A car is a critical lifeline that can give survivors a way to escape their abusers, gain independence, and seek support,” Rosenworcel said in another news release.
“Survivors of domestic abuse shouldn’t have to choose between giving up their vehicle and feeling safe,” she continued. “We must ensure car manufacturers and wireless carriers understand the full impact of the connectivity tools in new vehicles and how these applications can be used to stalk, harass, and intimidate.”
Last year, the FCC was charged with implementing the Safe Connections Act.
This bipartisan law provides the FCC with authority to assist survivors of domestic violence and abuse with secure access to communications.
In the first rules implementing this statute, the agency required covered providers to separate phone lines linked to family plans where the abuser is on the account. With this option, survivors can safely separate from family plans and keep their phone and phone number — keeping them connected to their friends, family, and supporters.
In January, Rosenworcel wrote to OEMs as well as wireless service providers to seek their help in protecting domestic abuse survivors from the misuse of connected car tools by abusers.
If adopted by a vote of the entire FCC, the notice of proposed rulemaking would seek comment on the types and frequency of use of connected car services that are available in the marketplace today.
The notice would ask whether changes to the FCC’s rules implementing the Safe Connections Act are needed to address the impact of connected car services on domestic violence survivors. And it would seek comments on what steps connected car service providers can proactively take to protect survivors from the misuse of connected car services.