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Regulatory Enforcement

Pennsylvania AG Sues Marketer for Supplying Leads to Robocallers

Last week, Pennsylvania Attorney General Josh Shapiro announced that he had filed a lawsuit against a digital marketer for generating leads that allegedly resulted in “hundreds of thousands of unwanted robocalls to be placed to Pennsylvania consumers.” Shapiro’s lawsuit alleges that Fluent, Inc. and its subsidiaries “collected personal information, including telephone numbers, and that was then sold to telemarketing companies.”

Healthcare Calls Face Deliverability Challenges

Calling and messaging is an essential facet of modern healthcare. But even the most compliant healthcare callers are facing a new challenge that seriously impedes their ability to communicate with patients: the risk of calls being marked as spam or not being received due to the new regime of call blocking and labeling policies, apps, and regulations.

State and Federal Enforcement Actions Present Unique Challenges for Marketers

On August 2, the attorneys general from all 50 states announced the creation of an Anti-Robocall Litigation Task Force. The purpose of this task force is "to investigate and take legal action against the telecommunications companies responsible for bringing a majority of foreign robocalls into the United States." This represents an escalation in the ongoing trend of state and federal regulators—often working together—directly enforcing telemarketing regulations rather than merely leaving things to private plaintiffs in lawsuits and class actions. These regulatory enforcement efforts present particular challenges for law-abiding callers.

July Grab Bag

The FCC and Ohio AG go after a robocaller, Perrong sues Oz, and the DC Circuit upholds the TRACED Act's changes to TCPA exemptions.

FCC Partners With States for Robocall Enforcement

The Federal Communications Commission (FCC) has been adopting a new strategy for enforcing robocall regulations that involves signing Memoranda of Understanding (MOU) with state attorneys general. In recent weeks, the FCC has announced MOUs with multiple states, usually in batches.

What Is a Robocall?

The practical consequences of telemarketing regulation and the outcomes of telemarketing litigation often turn on how key terminology in regulatory legislation and rules is interpreted. As seen with the ongoing debate over how to interpret the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system (ATDS),” this can be an issue even with terms that are explicitly defined in federal statutes. For a term such as “robocall” that lacks a clear definition, this can be significantly more complicated.

One Year Later: Tracking the Implementation of the TRACED Act

December 30, 2020 marks the one year anniversary of President Donald Trump signing the Pallone-Thune TRACED Act into law. The law, whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence, is the first major federal telemarketing legislation in more than a decade.