AI Robocalls Increasing in China

It is always interesting to look at news from other countries that provides insight into telemarketing technologies and trends around the globe. A recent article highlights the increase in the usage of artificial intelligence to make telemarketing calls in China. One company that produces "bots" to make these calls expresses high levels of confidence that their technology can out-perform human phone agents. "The company’s official website also characterizes [humans] as irrational, emotionally unstable, and prone to making mistakes that could cause sales companies to lose customers. A bot, on the other hand, doesn’t need training, never complains about the work, and carries out its job efficiently and dispassionately."

While many Chinese lawyers are arguing that this technology violates the country's privacy laws, that hasn't stopped the technology from increasing drastically over the last few years. If this technology ever starts to be used frequently to make calls into the United States, it would be interesting to see how regulators would react. Regulators have traditionally frowned upon technologies that are designed to increase calling efficiency and effectiveness, such as Avatar and more recently Ringless Voicemail Drops. Until there is a real change in the law regarding the definition of pre-recorded messages, you will want to be very careful using any such Artificial Intelligence for marketing or other purposes without first having express written consent. Contact us if you are interested in using similar technology. Learn more about robocall laws, telemarketing compliance, autodialer laws, avatar telemarketing laws, and cell phone do not call laws. 

FCC Reporting Modernization Act

Senator Jerry Moran (R-Kan.) has introduced the FCC Reporting Modernization Act to Congress. This Bill has implications regarding the TCPA because it would, "Update current [FCC] reporting requirements to include all Telephone Consumer Protection Act complaints and enforcement actions regarding robocalls and spoofed phone calls. These updated reports to Congress would provide a clearer analysis of the robocall and spoofing problem and identify patterns of these harmful practices impacting consumers." While this bill wouldn't directly impose any new rules on businesses, it would require increased communication between the FCC and Congress, which could lead to changes in the TCPA in the long run. Read more here. Contact a telemarketing lawyer or TCPA attorney if you need to ensure you are in full telemarketing compliance by performing a telemarketing compliance audit. 

FCC Seeks Comments on Definition of "Sender" as it Relates to Faxes

The FCC is seeking comments on a petition that was recently filed with the agency regarding the definition of the "Sender" of a fax. Specifically, the request for comments states, "With this Public Notice, we seek comment on a petition for expedited clarification or declaratory ruling filed by Akin Gump Strauss & Feld LLP (Akin Gump). Akin Gump asks the Federal Communications Commission to clarify the definition of 'sender' under the facsimile advertising provisions of the Telephone Consumer Protection Act of 1991 (TCPA). Specifically, Akin Gump requests that the Commission clarify that 'a fax broadcaster is the sole liable ‘sender,’ when it both commits TCPA violations and engages in deception or fraud against the advertiser (or blatantly violates its contract with the advertiser) such that the advertiser cannot control the fax campaign or prevent TCPA violations.'" Comments are due April 8th. You may want to consider commenting on this petition if your business uses faxes as an advertising tool.

FCC Rule Requiring Opt-Out Messages on Solicited Faxes Officially Ends

In a win for the industry, the FCC has eliminated a rule requiring opt-out messages on solicited fax messages. Now, if a business wants to send a marketing fax to someone who has consented to receive it, no opt-out language is necessary on the message. This change was announced several weeks ago but just became effective this week. Read more here. Learn more about telemarketing rules and telemarketing regulations, such as telemarketing license requirements and telemarketing bond requirements.