On March 25, 2024, Maine Governor Janet Mills signed into law LD 2234, which amends the state’s telephone solicitation statute to prohibit telephone solicitors from “fail[ing] to use the reassigned numbers database to verify that a consumer’s telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.” The bill defines “reassigned numbers database” as the “database created and maintained by the Federal Communications Commission that identifies whether a telephone number has been reassigned.”Continue Reading Maine Enacts New Telemarketing Law Requiring Use of FCC Reassigned Numbers Database
TCPA
FTC Amends its Telemarketing Sales Rule; Proposes Additional Changes
On March 7, 2024, the Federal Trade Commission (“FTC”) announced amendments to its Telemarketing Sales Rule (“TSR”) to apply certain of its provisions to business-to-business telemarketing calls, and to broaden its recordkeeping requirements. The FTC also announced a notice of proposed rulemaking (“NPRM”) that would further extend the TSR to cover inbound telemarketing calls involving technical support services. Continue Reading FTC Amends its Telemarketing Sales Rule; Proposes Additional Changes
FCC Adopts New TCPA Consent Revocation Rules
On February 15, the Federal Communications Commission (“FCC”) adopted new consent revocation rules for robocalls and robotexts, which the FCC defined as calls made using an “automatic telephone dialing system” or an artificial or prerecorded voice. Under the Telephone Consumer Protection Act (“TCPA”) and the FCC’s implementing rules, callers and texters must obtain “prior express consent” or “prior express written consent,” depending on the call/text content, from consumers to send such communications absent an applicable exemption. Continue Reading FCC Adopts New TCPA Consent Revocation Rules
FCC Confirms TCPA “Artificial or Prerecorded Voice” Restrictions Apply to AI Technologies that Generate Human Voices
On February 8, 2024, the Federal Communications Commission (FCC) released a declaratory ruling stating that Telephone Consumer Protection Act (TCPA) restrictions on making phone calls using an “artificial or prerecorded voice” “encompass current AI technologies that generate human voices.” Therefore, unless an exemption applies, telemarketing calls using an artificial or prerecorded voice simulated or generated…
FCC Issues Cease-and-Desist Letter Regarding Robocalls Made Before New Hampshire Primary
On February 6, the Federal Communications Commission (“FCC”) announced that it had sent a letter to Lingo Telecom, LLC (“Lingo”) to demand that Lingo “immediately stop supporting unlawful robocall traffic on its networks.” As background, Lingo is a Texas-based telecommunications provider that, according to the FCC’s letter, was the originating provider for “deepfake” calls made by Life Corp. to New Hampshire voters on January 21, 2024. The calls, which imitated President Biden’s voice and falsified caller ID information, took place two days before the New Hampshire presidential primary and reportedly advised Democratic voters to refrain from voting in the primary. Continue Reading FCC Issues Cease-and-Desist Letter Regarding Robocalls Made Before New Hampshire Primary
Federal and State Telemarketing Legislative Updates
This blog post summarizes recent telemarketing developments emerging at the federal level and from Missouri, Wisconsin and West Virginia.
Federal Legislation
On January 29, 2024, Congressman Frank Pallone (D-NJ), Ranking Member of the U.S. House Energy and Commerce Committee, introduced H.R. 7116, the “Do Not Disturb Act.” A press release accompanying the bill’s introduction stated that Congressman Pallone introduced the bill “to protect consumers from the bombardment of dangerous and unwanted calls and texts that have been exacerbated by the Supreme Court’s decision in Facebook, Inc. v. Duguid . . .” If enacted, the bill would, among other things, do the following:Continue Reading Federal and State Telemarketing Legislative Updates
State Attorneys General to FCC: Subject AI-Generated Voice Calls to TCPA Restrictions
On January 16, the attorneys general of 25 states – including California, Illinois, and Washington – and the District of Columbia filed reply comments to the Federal Communication Commission’s (FCC) November Notice of Inquiry on the implications of artificial intelligence (AI) technology for efforts to mitigate robocalls and robotexts.
The Telephone Consumer Protection Act (TCPA)…
Anti-Spoofing Caller ID Bill Introduced in Wisconsin
On October 16, 2023, a group of Wisconsin state senators introduced S.B. 531, which would amend the state’s telephone solicitation statute to create new restrictions on “caller identification records,” which the bill defines in relevant part as “a record that is delivered electronically to the recipient of a telephone call or text message . . . that indicates the telephone number from which the telephone call or text message was initiated or similar information . . .”
If enacted, the bill would prohibit a person from “knowingly transmit[ing] a misleading or inaccurate caller identification record through a telephone call or text message with the intent to defraud or wrongfully obtain anything of value, including personally identifiable information.” Continue Reading Anti-Spoofing Caller ID Bill Introduced in Wisconsin
Oregon Legislature Passes Update to State Telemarketing Law
In late June, the Oregon Legislature passed HB 2759, which would amend the state’s existing “do not call” law. The bill currently is awaiting action by the governor. Continue Reading Oregon Legislature Passes Update to State Telemarketing Law
FCC Imposes New Requirements on Nonmarketing Prerecorded Calls to Residential Lines
Continue Reading FCC Imposes New Requirements on Nonmarketing Prerecorded Calls to Residential Lines