The Federal Communications Commission (FCC) is weighing a controversial proposal to relax restrictions on political robocalls, including those using artificial intelligence (AI), just weeks before November’s pivotal midterm elections that will determine control of Congress.
The Republican-led commission advanced a petition filed by the conservative economic group Club for Growth, which seeks a waiver from long-standing provisions of the Telephone Consumer Protection Act.
Federal law currently bans unsolicited automated or prerecorded calls to mobile phones without prior consent. If approved, the waiver would allow political organizations to send unsolicited, autodialed AI or prerecorded voice calls directly to voters’ cellphones.
The FCC could issue a ruling as early as late October following the conclusion of a public comment period on Oct. 19.
Club for Growth President David McIntosh defended the request, framing it as a constitutional matter of free speech and parity.
“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about package deliveries, bank accounts, and doctor’s appointments,” McIntosh said, arguing current restrictions are outdated and hinder voter engagement. Under the proposed waiver, political calls would still face limits, such as a cap of three calls per recipient within 30 days and mandatory opt-out options.
However, consumer advocates and election watchdog groups warn the move could unleash an unprecedented wave of partisan spam and deceptive messaging at a critical moment in the campaign cycle.
Tim Harper, elections lead at the Center for Democracy and Technology, cautioned that a last-minute regulatory shift opens “a huge opportunity for abuse during a period where harm has outsized impact.”
Other experts warned that expanding the technology to conversational AI could expose voters to misinformation or privacy risks through real-time data collection.
The threat of AI-driven election interference made headlines during the 2024 primary season when thousands of New Hampshire voters received a deepfake robocall impersonating President Joe Biden, urging them not to vote. Following that incident, the FCC affirmed that AI voice-cloning in robocalls violated federal law.
Critics contend that granting the waiver now would reverse key safeguards and weaken deterrents against bad actors. Past violations have carried severe consequences; in 2020, conservative activists Jacob Wohl and Jack Burkman were fined $5.1 million for targeting majority-Black neighborhoods with deceptive voter-suppression robocalls.
Anna Gomez, the sole Democrat on the three-member FCC, strongly opposed the petition, warning it would trigger a “tsunami of robocalls and misinformation.”
“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,” Gomez said.
The rapid timeline has also drawn scrutiny from political observers, who note the FCC under Republican Chairman Brendan Carr has increasingly faced criticism for fast-tracking political initiatives ahead of the midterm elections. The FCC did not respond to requests for comment.
