Regulatory update · Autodialers & artificial voice
FCC Proposes $6 Million Fine Over Biden Deepfake Robocalls Before New Hampshire Primary
The Federal Communications Commission (FCC) proposed a $6 million fine on May 23, 2024, against political consultant Steve Kramer for apparently illegal robocalls using a deepfake, AI-generated clone of President Biden's voice. According to the FCC, the calls told prospective New Hampshire voters not to vote in the January 2024 primary. You can read the FCC news release on the $6 million deepfake robocall fine.
On this page
The bottom line: AI-generated voices do not create a gap in the law. Spoofing and robocall rules apply in full.
What happened
According to the FCC:
- On January 21, 2024 (two days before the primary), robocalls contained a deepfake recording of President Biden's voice, telling voters to "save your vote for the November election."
- The calls spoofed the number of a prominent local political consultant.
- Kramer engaged Voice Broadcasting Corp., which used the services of Life Corp. to transmit the calls via voice provider Lingo Telecom.
- Lingo Telecom applied the highest level of caller ID attestation to the calls, which made them harder for other providers to identify as spoofed.
The law
The Truth in Caller ID Act and FCC rules prohibit knowingly causing the transmission of inaccurate caller ID information with intent to defraud, cause harm, or wrongfully obtain anything of value. The FCC said Kramer's conduct apparently violated that rule.
The FCC brought a separate action the same day against Lingo Telecom for apparent violations of STIR/SHAKEN caller ID authentication rules for failing to use reasonable "Know Your Customer" protocols. In February 2024, the FCC Enforcement Bureau, working with the New Hampshire Attorney General's office, had ordered Lingo to stop carrying the traffic.
The posture
This is a proposed fine issued through a Notice of Apparent Liability. It is not a final finding of liability. The party can respond before the FCC acts.
Why it matters
Voice cloning is cheap and convincing. The FCC's response shows that each party in the chain can face exposure: the person who commissions the calls, the platforms that send them and the carrier that signs them with high attestation.
What this means for you
- Do not use AI voice clones of real people in outbound calls without clear legal review and consent.
- Never display a caller ID number you are not authorized to use.
- If you are a carrier, assign attestation levels based on verified customer information, not customer claims.
- Vet broadcast and dialer vendors before you hand them a campaign.
New technology, same rules. Regulators apply them to every link in the chain.
Not legal advice. TCPA.com provides general information, not legal advice, and is not a substitute for the advice of an attorney. Do not rely on it. Verify any action with your own licensed lawyer before you take it. See our Terms of Use.
Primary sources
About the Author: Harrison Gevirtz
Harrison Gevirtz serves as the Chief Strategy Officer (CSO) of Ringba, a call tracking and pay per call platform, and is based in Las Vegas, Nevada. Harrison Gevirtz is a serial operator in call tracking, call routing and telemarketing operations, and for the past several years he has focused on how federal regulations affect the daily operations of these industries. At TCPA.com, Harrison Gevirtz covers TCPA litigation, Telemarketing Sales Rule (TSR) enforcement, tech support fraud prosecutions and Federal Communications Commission (FCC) rulemaking in a way that's accessible to the non-lawyer executive or compliance manager.
More from Harrison Gevirtz