Robocalls Before the Midterms

In August, the conservative group Club for Growth asked the FCC to change that before the midterms. Its petition asks to reach cellphones "using an artificial or prerecorded voice, including an AI-generated voice, without obtaining prior express consent." Its president says political speech deserves the same treatment as "package deliveries, bank accounts, and doctor's appointments."

An FCC commissioner, Anna Gomez: it "would bring chaos so close to Election Day." Senator Chuck Schumer: campaigns "could use their opponents' voice to send out a message that is, at best, disingenuous and, at worst, a blatant lie."

Both on the record, as Reuters reported them; Common Cause filed in opposition, and Communications Daily names the Center for Democracy and Technology, the Campaign Legal Center and EPIC among the commenters opposed.

The FCC itself? A spokesperson told Reuters there are "zero plans" to act on it. Unless that changes, the rule stands through Election Day.

Reuters, 19 October 2026; its text carries the typo 'to so', and Politico and Communications Daily have 'zero plans to do so'. The rule that stands: the FCC's declaratory ruling of 8 February 2024 (FCC 24-17), that an AI-generated voice is "artificial" under the Telephone Consumer Protection Act, so such calls to cellphones need prior express consent. The docket, re-checked on 28 October 2026: no order, grant or denial on the petition. It was still 27 October in Washington at that check.

The rule has a history. In January 2024, voters in New Hampshire got a call in what appeared to be an AI clone of President Biden's voice, telling them to save their vote for November. The FCC fined the consultant behind it six million dollars. A civil court found him liable. A criminal jury acquitted him on every count.

So the states are writing their own rules. About thirty now have election-deepfake laws, by Public Citizen's count. Louisiana's law, in force since August, names phone calls outright: an AI call in a public figure's voice must say so at the start.

Public Citizen's tracker, updated 21 October 2026, counted at source: 31 states with an election-deepfake law in force (33 'Enacted' entries less Hawaii, struck down, and Massachusetts, sunset; Illinois, folded into an omnibus, not counted); Public Citizen's own headline of May said 30. Louisiana's Act 559 (in force since 1 August 2026) names phone calls outright. Tennessee and Vermont require a disclosure at the start and end of AI audio but never say 'call'; whether they reach calls is not established.

The phone in your pocket is still off-limits to AI campaign calls, unless you've said yes. For now.

What we couldn't confirm: Nomorobo's call estimate at Nomorobo itself (attributed to the NH DOJ release). Whether Tennessee's and Vermont's laws reach phone calls in practice. Any FCC action dated 28 October in Washington (the check ran while it was still 27 October there).