HR-1027-119
Sponsor introductory remarks on measure. (CR H519)
Sponsored by Eric Sorensen (D-IL)
What it does
This bill would require any robocall that uses artificial intelligence to sound like a human to disclose that fact at the start of the message. It would also double the maximum financial penalties under the Telephone Consumer Protection Act (TCPA) for robocalls that use AI to impersonate a person or organization with intent to defraud or cause harm. The bill defines robocalls broadly to include auto-dialed calls and texts, as well as calls using artificially generated or prerecorded voices, but excludes calls requiring substantial human involvement.
Who benefits
All phone and text message recipients — particularly older adults, who are disproportionately targeted by phone scams. Consumers who have been defrauded by AI-generated voice impersonation schemes. Legitimate businesses whose identities are impersonated in scam calls. Law enforcement agencies that gain stronger financial penalties as a deterrent tool. Telecom companies that face reputational harm from fraudulent use of their networks. Competitors of bad-faith robocallers who operate within the law.
Who is hurt
Businesses and political campaigns that use AI-generated voice technology for legal, automated outreach and would face new compliance costs. Smaller organizations with limited legal or technical resources that may struggle to implement required disclosures. Robocall technology vendors whose products become more tightly regulated. Debt collection agencies and survey firms that rely on automated calling systems. Potentially, consumers who prefer seamless automated service interactions and may find mandatory disclosures disruptive.
Supporters argue
Supporters argue that AI voice-cloning technology has made it nearly impossible for ordinary consumers to distinguish a human caller from a machine, enabling a surge in fraud. The FTC reported that phone scams cost Americans over $1 billion in losses in recent years, with impersonation scams among the most common. They contend that a simple, upfront disclosure requirement is a minimally burdensome, targeted fix — and that doubling penalties gives regulators a meaningful deterrent against the most harmful uses of AI voice technology.
Opponents argue
Opponents argue that the bill's disclosure requirement may be difficult to enforce against bad actors — the fraudsters most likely to misuse AI voice technology are also the least likely to comply with a disclosure mandate. They contend that doubling fines under the TCPA, which already generates significant litigation against legitimate businesses, could expose good-faith callers to disproportionate liability and may incentivize opportunistic lawsuits rather than targeting actual fraud. Critics may also argue that the FCC already has existing authority to address AI robocall abuse, making new legislation redundant.
Constitutional context
The bill regulates commercial and political telephone communications under Congress's Commerce Clause authority (Art. I, §8, cl. 3), the same basis on which the original TCPA was upheld. A compelled disclosure requirement — forcing callers to announce AI use — could raise a First Amendment compelled-speech question, though courts have generally upheld factual, non-controversial disclosure mandates as constitutional under Zauderer v. Office of Disciplinary Counsel (1985). No active Supreme Court case directly resolves AI-specific disclosure mandates.
Checks and balances
The FCC gains enhanced enforcement authority through higher penalty ceilings; Congress retains oversight through the TCPA statutory framework, and affected parties may challenge enforcement actions in federal court.
Historical precedent
The original Telephone Consumer Protection Act of 1991 established the federal framework for restricting automated calls, and the FCC issued a declaratory ruling in February 2024 clarifying that AI-generated voices in robocalls are already subject to TCPA restrictions — though without the specific disclosure and enhanced penalty provisions this bill would add.