Robocalls are frustrating enough on their own, but when combined with deceptive AI-generated voices, they can lead to serious confusion—and even misinformation. To address this growing issue, Governor Newsom recently signed AB-2905 into law. This important bill requires robocalls to clearly disclose when they use AI-generated voices, a move aimed at protecting consumers from the dangers of deepfake technology.
In early 2024, we saw just how harmful these AI-generated voices could be, when a deepfake robocall mimicking President Joe Biden misled voters in New Hampshire. AB-2905 is designed to prevent similar incidents in the future by ensuring that AI’s involvement in robocalls is transparent.
The key provisions include
The new law mandates that any automatic dialing-announcing device (ADAD) used for robocalls must:
Clearly state the nature of the call along with the name, address, and telephone number of the organization being represented.
Ask for consent from the person called to continue with the prerecorded message.
Inform the person called if an artificial voice—one generated or significantly altered using AI—will be used in the message.
This added layer of transparency aims to stop AI-powered deception in its tracks, especially in the political and commercial sectors.
The bill also emphasizes that violating these rules can lead to legal penalties. This reinforces the state’s commitment to responsible AI use in communications.
Need of the hour
As AI technology continues to advance, so do the risks of misuse. AB-2905 is a proactive step to protect consumers from being manipulated by AI-generated voices, making it harder for bad actors to exploit this technology in robocalls.
By setting these standards, California is once again leading the way in regulating AI and ensuring it is used ethically. This law is part of a broader effort to balance technological innovation with consumer protection.
Looking for guidance on your AI implementation journey?
Connect with Ajay Mago or any member of EM³’s Artificial Intelligence practice for professional support.
Ajay Mago is a former AmLaw 100 partner, with more than 16 years of experience in technology transactions, including at Jones Day, Mayer Brown, and Duane Morris. Mr. Mago advises on a wide array of sourcing, technology and other commercial transactions and helps companies navigate legal issues raised by data, emerging technologies, and digital transformation, both on the buyer and provider side. He routinely advises clients on IP strategy, management, and monetization arrangements, leveraging his technology background and business experience.
Published October 30, 2024. The law may have changed since. This publication is intended for general education and informational purposes only, and should not be regarded as either legal advice or a legal opinion. You should not act upon or use this publication or any of its contents for any specific situation. Recipients are cautioned to obtain legal advice from their legal counsel with respect to any decision or course of action contemplated in a specific situation. Maxson Mago & Macaulay, LLP and its attorneys provide legal advice only after establishing an attorney-client relationship through a written attorney-client engagement agreement. This publication does not establish an attorney-client relationship with any recipient.
