FCC considers allowing more political robocalls before midterms, including those created with AI

The Federal Communications Commission (FCC) is considering a waiver petition filed by the conservative advocacy group Club for Growth that would loosen restrictions on unsolicited political robocalls—including those utilizing AI-generated voices—ahead of the November midterm elections.

Overview of the Proposal

  • The Petition: Club for Growth requested a waiver from existing Telephone Consumer Protection Act (TCPA) rules, which strictly prohibit automated or prerecorded calls to cellphones without prior express consent.
  • How It Works: The group argues its tool should not be classified as a standard robocall because a human operator clicks a button to initiate the dial, after which an AI agent handles the conversation or survey. The FCC noted that the system relies on a “perfunctory human being” to trigger mass messaging or calls.
  • Proposed Limits: Under the proposed waiver, political groups would still face restrictions, such as honoring opt-outs and capping contact at a maximum of three calls per recipient every 30 days.

Arguments & Pushback

PerspectiveKey Arguments
Proponents (Club for Growth & Supporters)• Enhances voter outreach and voter contact before key elections.
• Improves polling accuracy and survey efficiency through interactive AI.
• Claims human-initiated dialing meets existing compliance frameworks.
Opponents (Consumer & Civil Rights Groups)• Warns of a massive surge in unwanted, intrusive phone spam.
• Raises severe concerns over political deepfakes, voter confusion, and election misinformation.
• Groups like Public Citizen, NCLC, Common Cause, and the Leadership Conference on Civil and Human Rights have formally urged the FCC to reject the waiver.

Timeline & Next Steps

The FCC opened a public comment period on the petition, with reply comments accepted through October 19, 2026. Following the deadline, the FCC could render a decision in late October, just days before the midterm elections.

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