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A new class action lawsuit filed in federal court under both the Telephone Consumer Protection Act and a similar Texas state law takes issue with AI-generated voices in marketing calls. The case was brought against three law firms that used AI voices to call potential mass-tort clients. As a reminder and as we have written previously, the FCC’s position is that an AI-generated or AI-cloned voice counts as an “artificial voice” under the TCPA.
In this case, the AI agent asked individuals about their possible injuries. According to the recently filed suit, the plaintiff alleged the messages she received did not apply to her. And, that she replied “no” multiple times but nevertheless, the AI agent continued to attempt to sell her legal services. She also stated in the complaint that she had not provided consent to receive the call and that the call was made using an automated dialer and contained an “artificial voice.” She argued that this violated four different laws.
First, she alleged a violation of TCPA, which requires consent to receive calls that contain artificial voices. The FCC has confirmed that AI voices count as "artificial voices" under the statute. Second, she alleged violations of a similar Texas law, Texas’s “mini-TCPA”. Third, she alleged that the three law firms failed to register to make automated sales calls, in violation of the Texas telephone-solicitor registration statute. That law requires registering before making solicitation calls. Finally, she alleged a violation of a Texas law that prohibits lawyers from soliciting legal employment by telephone.
Putting it Into Practice: This case is still pending. However it is a reminder that plaintiff’s attorneys are not hesitating to use state laws when bringing suit for alleged call violations. Thus, even where we may see some reprieve under TCPA interpretations, that does not mean that the lawsuits will necessarily slow down. Now is a good time to review compliance with call laws if you are using AI agents as part of your call programs.
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