EIA Engages with FCC on Key Issues Regarding AI
EIA is committed to fostering a regulatory environment that encourages innovation and growth within the ecommerce sector. As part of this commitment, the EIA recently participated in two meetings with the FCC to discuss proposed rules that would require ecommerce companies to potentially gain new consent from existing subscribers to continue to use AI tools to send marketing SMS and or use AI-generated voices.
FCC’s 1:1 Consent Rule Takes Effect January 27, 2025
In December 2023, the Federal Communications Commission (“FCC”) voted to adopt a new “one-to-one” consent requirement for telemarketing texts and autodialed phone calls. While the goal of this change is "to protect consumers from unwanted and illegal text messages and calls", the Order may impact ecommerce brands that collaborate with other companies for joint list growth initiatives, including joint giveaways or contests. This new regulation takes effect on January 27, 2025.
FCC Chair Acknowledges Limits of the FCC’s Authority Over SMS
In a recent letter to Congress, FCC Chairwoman Jessica Rosenworcel acknowledged the Commission’s limited authority over text messages and called on Congress to amend the TCPA. In light of the Supreme Court’s decision in Loper Bright, invalidating Chevron deference, this acknowledgment could impact the Commission’s ability to adopt new regulations without Congressional action.
Sen. Durbin Proposes Bill to Close Gap in the FCC’s Do-Not-Call Authority
Senator Durbin's proposed bill, Senate Bill 3991, aims to expand the FCC's authority by removing the qualifier "residential" from its Do Not Call authority, clearing up whether the FCC has authority to extend the Do-Not-Call requirements to mobile numbers. The bill also clarifies consumers' right to sue under the TCPA and revises statutory damages, gaining support from eight Senate co-sponsors.
FCC Clarifies that Marketing Texts are Subject to Do-Not-Call Regs: The Practical Implications
The FCC's new ruling clarifies that marketing text messages fall under Do-Not-Call regulations. While some companies already comply, others must now obtain prior written consent or face stricter scrubbing requirements.
FCC Hypes New AI Voice Order
The FCC released a Declaratory Ruling on February 8, 2024 that requires companies using AI-generated voices in marketing phone calls to have prior express written consent from the recipient of the call.