A conservative advocacy group has petitioned the Federal Communications Commission to allow political robocalls to voters ahead of the Nov. 3 election.
Club for Growth requested that its petition be expedited for action before the election, which is now just four weeks away.
The FCC was asked to exempt noncommercial political calls to cellphones that use an artificial or prerecorded voice, including voices generated with artificial intelligence, from the requirement to get prior express consent.
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If approved, voters could begin receiving unsolicited robocalls from political campaigns and other political players.
In the petition, which was filed in late August, Club for Growth said it wanted to use AI-powered calling tools to call voters but can’t under current rules.
“Outdated rules create litigation risks hindering the Club and its affiliates from utilizing emerging AI-powered calling capabilities,” it said.
An exemption to the rule would protect First Amendment speech rights, correct polling inaccuracies and help campaign reach more voters, including by communicating in more languages, according to the petition.
Club for Growth proposed that robocalls get the same conditions that apply to landlines, including no more than three calls per 30 days, an automated opt-out mechanism and a company do-not-call list.
David McIntosh, the organization’s president, said that these are not robocalls.
“Our petition asks the FCC to treat First Amendment protected political speech the same way it already treats wireless calls about package deliveries, bank accounts, and doctor’s appointments,” he said in a statement. “We think the Constitution protects a conversation with a voter at least as highly as a delivery update.”
The FCC determined in 2024 that the Telephone Consumer Protection Act’s artificial or prerecorded voice technology restrictions “encompass current AI technologies that generate human voices.” At the same time, the law allows the FCC to exempt certain such calls.
Granting the exemption would advance both the FCC and Trump administration’s goals to “reduce unnecessary regulations and remove barriers to the deployment of new AI technologies,” Club for Growth said in the petition.
“By removing outdated rules that stifle speech and innovation, AI companies and calling parties will be able to develop and deploy beneficial AI technologies supporting America’s growing AI community and securing Americans’ First Amendment speech rights,” it said.
Robocalls have been used in campaigns before, but the Consumer Protection Act imposes hefty fines on violators.
In 2024, an apparent robocall used AI to mimic then-President Joseph R. Biden’s voice to discourage New Hampshire voters from coming to the polls during the primary election.
The political consultant behind the robocalls, Steve Kramer, said that his reasoning was to “wake up” voters about the potential dangers of AI.
While he was acquitted of criminal voter suppression charges, he was hit with fines and civil damages.
Weeks after the calls, the FCC outlawed robocalls using AI-generated voices.
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