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Tulsa Attorney Aaron Tifft for Tech Target - Businesses brace for FCC's ban on AI robocalls

February 2024

Tech Target

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The Federal Communications Commission has made AI-generated robocalls targeting consumers illegal, and the effort should spur businesses to assess their marketing communications tactics.

The FCC's ruling follows numerous instances of AI-generated robocalls generating concern, including when voters received calls ahead of the New Hampshire primaries from a voice that sounded like President Joe Biden telling them not to vote. However, the language used in the FCC's ruling could leave businesses open to legal challenges, said Aaron Tifft, attorney at Hall Estill.

The FCC's ban on AI-generated robocalls isn't surprising, Tifft said. But he's concerned that the language in the notice from the FCC is too broad and fails to clearly define the use of AI in circumstances outside of voice calls, including text messages.

"My concern is that it provides a wide area of vagueness that plaintiff counsels will use to hold businesses acting in good faith liable for using some form of technology to craft messages to customers and recipients," he said.

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Founded in 1966 in Tulsa, Oklahoma, Hall Estill is a full-service law firm with clients ranging from Fortune 500 corporations to traditional family businesses, as well as nonprofit organizations, entrepreneurial start-ups and individuals. More than 150 legal professionals work in the firm at offices in Tulsa, Oklahoma City, Denver and Northwest Arkansas, assisting a diversified base of local, regional, national and international clients.

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