By Mike Reeves | ComplianceJournal.news

The Federal Communications Commission published a Notice of Proposed Rulemaking in early 2026 that would extend the Telephone Consumer Protection Act's existing consent requirements to explicitly address artificial intelligence-generated voice and text communications. The NPRM responds to a rapid expansion of AI voice synthesis and text generation in customer-facing communications — and to an emerging body of consumer complaints about AI-generated calls that consumers did not recognize as AI-generated.

What the NPRM Proposes

Disclosure of AI-generated content. The proposed rule would require callers and texters to disclose at the outset of a communication that the message was generated by artificial intelligence. The disclosure would need to be clear and conspicuous — not buried in fine print.

Consent specificity for AI-generated content. The proposed rule would require that prior express written consent for AI-generated marketing calls and texts specifically reference the fact that AI-generated content may be used. Existing consent obtained without AI-specific disclosure may not satisfy the new requirement — creating a re-consent obligation for businesses with consent databases built on generic autodialer language.

Enhanced revocation rights. The proposed rule would extend consent revocation rules finalized in 2024 to specifically address AI-generated communications. A consumer who revokes consent through any reasonable method must have that revocation honored across all AI-generated communication channels.

What Businesses Should Do Now

Final rules are not yet in effect. But the NPRM's direction is clear. Audit every AI voice and text tool in your customer communication stack. Map the consent language under which you are using those tools. Assess whether existing consent language would satisfy the proposed AI-specific disclosure requirement. The businesses that wait for final rules will be 18 months behind businesses that started compliance analysis now.

This article is for informational purposes and does not constitute legal advice.