While abusive robocalls remain unpopular both politically and, in general, universally among the American people, lawmakers once again fired the first salvo in their efforts to legislate against them this week with the “Do Not Disturb Law “. Unfortunately, these efforts appear to largely target all calls, including those you want to receive from your credit union alerting you to fraud, a package delivery person, or utility providers, among many other callers, with essential business information.
Previously, Ranking Member Frank Pallone, Jr. (D-N.J.) issued a statement “denouncing the ongoing epidemic of robocall abuse practices,” which he said have been exacerbated by the House’s decision. Supreme Court in the case Facebook, Inc.. v. Duguid, which interpreted the Telephone Consumer Protection Act (TCPA) definition of an automated telephone dialing system (ATDS). The Supreme Court, in 2021, ruled that to be considered ATDS under the TCPA, a device must have the ability to: Store a telephone number using a random or sequential number generator, or generate a phone number using a random or sequential number. Generator. In other words, equipment capable of storing or dialing telephone numbers without using a random or sequential number generator is not considered an ATDS under the TCPA item. Facebook. Federal Communications Commission Chairwoman Jessica Rosenworcel has also spoken out publicly in support of efforts to roll back the Facebook decision and once again broaden the definition of an ATDS.
Following this, on January 29, a bipartisan group of lawmakers introduced legislation to strengthen bans on telemarketing calls and address the way artificial intelligence is increasingly being used to impersonate people. individuals and to make such calls. The package is led by House Energy and Commerce Committee Ranking Member Frank Pallone (D-NJ), who introduced the Do Not Disturb Act, which contains provisions proposed by Reps. Eric Sorenson (D-IL ), Juan Ciscomani (R-AZ). ), Jan Schakowsky (Democrat-IL) and Darren Soto (Democrat-FL).
The Do Not Disturb Act revises the TCPA and expands the enforcement authority of the Federal Communications Commission (FCC) in the following ways:
Update and extend anti-robocall protections
The bill replaces the definition of ATDS in the TCPA with the new term “robocall,” which significantly expands the TCPA’s coverage to include most technologies involving automated calls or text messages. The term “robocall” includes calls and text messages sent: 1) using equipment that makes calls or sends text messages to telephone numbers stored or generated by a random or sequential number generator , or 2) using an artificial or pre-recorded voice. , or an artificially generated message. It does not include calls and text messages sent using equipment requiring significant human intervention. Robocalls made or sent without the required consumer consent would violate the TCPA and subject callers to litigation.
AI Disclosure Requirements
The bill incorporates the Cancel Unwanted and Interrupted Electronic Telecommunications (QUIET) Act introduced by Reps. Eric Sorenson (D-IL) and Juan Ciscomani (R-AZ), and the Use Restrictions Act of a Realistic Electronic Artificial Language (RU REAL) introduced by Rep. Jan Schakowsky (D-IL). The QUIET Act builds on the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act of 2019 by doubling the penalty for offenders who use artificial intelligence (AI) to impersonate individuals or entities in the intent to defraud, cause harm, or illegally obtain anything. value. This would require disclosure at the start of an AI-generated call or text message if AI is used. The RU REAL Act directs the FTC to amend the Telemarketing Sales Rule to require disclosure at the beginning of a telemarketing call or text message if AI is used. The bill doubles the penalty for violating robocall spoofing rules.
Blocking robocalls
Additionally, the bill would implement the Roboblock Act, introduced by Rep. Darren Soto (D-IL). This bill directs the FCC to promulgate regulations requiring voice service providers to offer robocall detection and blocking services to each customer at no additional cost.
Requirements for VoIP providers
The bill would impose a requirement on voice over Internet protocol (VoIP) providers to identify their customers, monitor their traffic, and subject owners and managers to liability if they fail to prevent calls or SMS messages that violate the TPCA to use their networks.
Incoming calls
The bill would direct the Federal Trade Commission (FTC) to issue regulations imposing the requirements of the Telemarketing Sales Rules (TSR) on inbound calls. TSR currently only applies to outgoing calls.
Recent FCC Actions
The legislation comes as the FCC prepares to step up its robocall enforcement activities. It also examines several outstanding issues related to consent, as well as call blocking and labeling. Additionally, in November, the FCC launched an investigation on the impact of AI on robocalls and bots, and requested that comments be submitted by January 16. The FCC and FTC are also coordination on efforts to significantly reduce the number of international robocalls. Finally, on January 31, FCC Chairman Rosenworcel proposed that the FCC use its current authority under the TCPA to to forbid Automated calls generated by AI voice.
The 9-0 Facebook The Supreme Court’s decision was a significant development for many companies making information calls. It also reduced class actions under the TCPA. Inversion Facebook In conjunction with proposals related to the use of AI for robocalls in this legislation, this could lead to radical changes for many businesses. Although a majority of Republicans are unlikely to accept everything proposed in the Do Not Disturb law, voters continue to urge lawmakers on both sides to tackle robocalls. The TRACED Act, which previously sought to address similar concerns, passed overwhelmingly. It is therefore important that interested parties have a seat at the table as discussions of any potential legislation take place in this area, particularly for industries facing abusive TCPA litigation.
