The Future of Political Texting: What You Need to Know About the FCC’s Proposed New Rules on AI

The Future of Political Texting: What You Need to Know About the FCC’s Proposed New Rules on AI

Text messaging and robocalls are essential tools for voter outreach. With the rise of AI, these methods have become even more efficient, allowing campaigns to personalize and scale their communications like never before. However, the FCC’s proposed new rules could complicate the use of AI-driven tools, potentially making it harder for campaigns to connect with voters at critical moments, like GOTV. Here’s what you need to know:

What’s Happening?

The FCC is looking at new rules that would regulate how AI-generated texts and robocalls are used in political campaigns. Their recent Notice of Proposed Rulemaking (NPRM) aims to crack down on deceptive communications powered by AI—a concern as political campaigns increasingly leverage this tech to deliver personalized messages to voters.

At first glance, this sounds like a good thing, right? No one supports misleading political messaging, especially the AAPC . But here’s where it gets tricky: the rule’s broad language doesn’t just target the bad actors. It has implications for all phone campaigns using AI.

Why Should You Care?

If you’re using automated texting or dialing tools, this NPRM could impact your campaign in costly ways. The FCC wants disclaimers at the start of any AI-generated communication, letting voters know the message is AI-powered. Sounds harmless? Not so fast. Here are some of the key concerns:

Overly Broad Definitions: The proposed rule casts a wide net, potentially covering any technology that processes natural language. So, even if you’re using AI for routine tasks—like drafting scripts for volunteers to send manually—you could find yourself needing to comply with these extra requirements.

Impact on Smaller Campaigns: Smaller, underfunded campaigns already have to stretch their resources. These new compliance requirements could add costs that price them out of effective AI-driven communication tools, giving wealthier campaigns yet another advantage.

Diluted Messaging: Imagine needing to start every text or call with a disclaimer about AI? Recipients may hang up or delete the message before even getting to the important content. This could be especially harmful during GOTV efforts, where every contact counts.

First Amendment Concerns: Political communication is a protected form of speech, and these blanket regulations could infringe on that right. If your campaign is using AI to efficiently deliver tailored, non-deceptive messages, this rule could curb your ability to reach voters effectively.

What’s the AAPC Doing About It?

The AAPC is a staunch proponent of transparency and ethics in political communications, and we don’t support deceptive tactics—AI-generated or otherwise. But we’ve flagged this NPRM as potentially harmful to legitimate campaigns and our ability to reach voters. The AAPC has submitted formal comments to the FCC, pushing for more targeted regulations that distinguish between deceptive and legitimate uses of AI. We’ll continue to monitor the situation and keep you informed as the rulemaking process unfolds. For now, it’s important to stay aware of these changes, especially as they could impact how you connect with voters in the next election cycle. 

Bottom Line

AI is here to stay in political communications, but with new rules on the horizon, it’s more important than ever to stay ahead of the curve. The AAPC is actively advocating on behalf of our members and the entire political consulting industry to ensure that any regulations are targeted and reasonable, protecting both free speech and the effectiveness of voter outreach efforts. We’re committed to keeping you informed and fighting for solutions that won’t disrupt your ability to run a successful campaign. Stay tuned, stay informed, and rest assured that the AAPC is working hard to safeguard your interests as these changes take shape. Read our full comment here.