The Federal Communications Commission (FCC) is weighing a request to ease regulations on political robocalls, potentially permitting the use of artificial intelligence-generated voices in unsolicited calls to cellphones. The petition, filed by the conservative group Club for Growth, seeks a waiver of federal law that currently bans most robocalls to cellphones without prior consent.
The Republican-led FCC has advanced the request for public comment, with a potential ruling by late October. Consumer advocacy groups have voiced strong opposition, warning that the change could lead to a significant increase in unwanted, partisan, and potentially misleading automated calls in the crucial final weeks before the midterm elections, which will determine control of Congress.
Concerns about AI-generated voices in political calls were amplified in the 2020 presidential primary season when thousands of New Hampshire voters received a robocall featuring an AI-generated voice of then-candidate Joe Biden, which urged them to withhold their votes. While the waiver request would still be subject to laws against deception and voter intimidation, critics argue that granting it could remove a key deterrent for malicious actors.
"Such a ruling close to Election Day would open a huge opportunity for abuse during a period where harm has outsized impact," said Tim Harper, who leads the elections team at the Center for Democracy and Technology. "Campaigns will use this technology to target voters in deceptive ways."
Club for Growth, the group advocating for the change, contends that current federal rules are outdated and impede free speech. They argue that loosening restrictions could help political organizations communicate more effectively with potential voters, including in multiple languages, and improve polling accuracy by reaching a wider audience. The group also noted that unsolicited automated calls to landlines are already permitted.
If the FCC were to grant the waiver, it would have to act on an expedited timeline. Critics have suggested that the FCC, under its current leadership, has previously bypassed procedural norms to serve political objectives, citing an early review of broadcast licenses that led to a lawsuit from ABC.
FCC Commissioner Ana Gomez, the sole Democrat among the active commissioners, has publicly stated her opposition. "We’ve already seen dark money groups use AI to put candidates’ likeness behind inflammatory comments ahead of this election," Gomez told The Associated Press. "Exempting political calls from the need for consumer consent would supercharge that strategy, and misleading messages could land directly on the handheld phone of nearly every voter in our country."
Past instances of deceptive political robocalls have led to substantial penalties. In 2020, Jacob Wohl and Jack Burkman were criminally charged and fined millions for making calls that falsely warned voters in majority-Black communities about potential arrest and debt collection if they voted by mail.
The political consultant responsible for the AI-generated Biden robocall in New Hampshire faced fines and civil damages, though he was acquitted of criminal voter suppression charges. He claimed the call was intended as a warning about the dangers of AI.
Shortly after the New Hampshire incident, the FCC had ruled that robocalls made with AI voice-cloning tools were illegal under the consumer protection act. However, granting the Club for Growth's petition could allow for broader use of AI in both prerecorded messages and live voter interactions.
Mekela Panditharatne, senior counsel at the Brennan Center for Justice, expressed concerns that AI systems could make false promises or manipulate voters with inaccurate information. Harper also raised privacy issues, noting that voters might not be aware of how their data is being captured or used by AI agents.
Under the waiver request, callers would still be required to allow consumers to opt out of calls and limit the number of calls to three per individual within a 30-day period. The public comment period on the petition closes on October 19.