Maryland Attorney General Urges Federal Authorities to Regulate Robocalls and Texts Generated Using AI Technology

Per the Maryland Attorney General’s Office: “Maryland Attorney General Anthony G. Brown today joined a coalition of 26 states in sending a letter to the Federal Communications
Commission (FCC) emphasizing the potential for harm when telemarketers use artificial intelligence (A.I.) and asking the FCC to strongly restrict such usage.

In November 2023, the FCC posted a Notice of Inquiry, requesting input on the use of A.I. technology in consumer communications and an explanation of how the technology fits under
the Telephone Consumer Protection Act (TCPA). Specifically, the FCC asked about the potential ability of A.I. technologies to act like a live agent when interacting with consumers.

According to the TCPA, robocalls are those calls made using an artificial or prerecorded voice. Such calls are generally prohibited unless the calling party obtains the prior express written
consent of the consumer.

In the letter to the FCC, the coalition argues that marketers wanting to use A.I. to impersonate a human voice should be required to follow the TCPA’s rules and regulations with respect to
“artificial voices,” including obtaining the prior express written consent from consumers. “Artificial intelligence often makes distinguishing between real and fake nearly impossible. Telemarketing campaigns that use artificial intelligence is another tool that certain businesses use to disrupt and defraud hard-working Marylanders,” said Attorney General Brown. “I am committed to preventing telemarketers from using this technology to deceive and overwhelm Marylanders with unwanted robocalls and text messages.”

In submitting the comment letter, Attorney General Brown joins the Attorneys General of Alabama, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia,
Hawaii, Illinois, Massachusetts, Maine, Michigan, Minnesota, Mississippi, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee,
Vermont, and Washington.”

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