FCC Weighs AI Political Robocalls Ahead of Midterms

Club for Growth filed an August 31 petition asking the FCC to waive prior-consent rules for unsolicited political AI and prerecorded calls to cellphones. The FCC opened docket 02-278 on September 4. Replies close October 19; a ruling could come before the November 3 midterms. The petition would cap calls at three per number every 30 days, require an opt-out within two seconds of identification, and honor do-not-call requests within 10 business days. Current damages run $500 to $1,500 per call. The FCC fined Steve Kramer $6 million for January 2024 New Hampshire deepfake Biden-voice robocalls that discouraged voting. Club for Growth plans $175 million in midterm spending. CONTESTED: Anna Gomez, who urged the FCC to reject the petition, said allowing a dark money group to flood phones with AI robocalls never agreed to would bring chaos so close to Election Day and a tsunami of robocalls and misinformation; she said consumers expect robocall rules to hold steady, not change at the 11th hour to unleash political AI slop. David McIntosh of Club for Growth said the FCC should treat First Amendment-protected political speech the same way it already treats wireless calls about package deliveries, bank accounts, and doctor's appointments. Public interest groups said Monday that using hated robocalls to deliver political messages from AI-generated strangers will enrage a wide swath of the 98% of the country that has a cellphone. Mekela Panditharatne warned AI could give inaccurate information in conversation regardless of intent to deceive. The FCC has not ruled. Comments may be filed under docket 02-278 through October 19.