FCC Considers Loosening Robocall Rules Ahead of Midterms

The Federal Communications Commission (FCC) is considering a request that could allow political groups to make more robocalls, including those using artificial intelligence (AI)-generated voices, before the November midterm elections. The proposed change could significantly alter how political campaigns communicate with voters in Orlando and across the nation.

Current federal law prohibits most robocalls to cellphones without prior consent. However, a petition from the Club for Growth seeks a waiver to permit political organizations to use AI or prerecorded voices in unsolicited wireless calls. The Republican-led FCC has opened the request for public comment and could issue a ruling as early as late October.

Consumer advocacy groups warn the change could lead to an influx of unwanted, partisan, and potentially misleading automated calls in the final days of the election cycle. Tim Harper, elections team lead at the Center for Democracy and Technology, stated that a ruling close to Election Day would create "a huge opportunity for abuse during a period where harm has outsized impact." He added, "Campaigns will use this technology to target voters in deceptive ways."

The potential for misuse was apparent two years ago when thousands of New Hampshire voters received a robocall with an AI-generated voice of then-President Joe Biden. The call falsely told voters not to cast ballots in the primary. Anna Gomez, the sole Democrat among the FCC’s three active commissioners, opposes the move. She told The Associated Press that she believes it would create "a tsunami of robocalls and misinformation." Gomez warned, "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."

The Club for Growth argues that loosening rules would help political organizations communicate more effectively with potential voters, including in multiple languages, and improve polling accuracy. They contend current federal regulations are outdated and infringe upon freedom of speech. The public comment period for this petition ends October 19. The FCC may then issue a decision.