Below is a recap of essential regulatory updates for contact compliance professionals for the month of January.
February 2025 Holiday Solicitation Bans
Please be aware of the following U.S. holiday telephone solicitation bans for the month of February 2025:
- On Monday, February 17, 2025, the states of Alabama, Nebraska*, Pennsylvania, Rhode Island, and Utah prohibit unsolicited sales and marketing calls in observance of President’s Day.
Other holidays may be proclaimed by the Governor in each state throughout the year.
*Nebraska does not prohibit calls on Sundays or legal holidays. However, it does restrict the use of prerecorded messages to 1 pm to 9 pm on these days (subject to certain exceptions).
Please be aware of the following Canada holiday telephone solicitation bans for the month of February 2025:
- On Monday, February 17, 2025, unsolicited marketing calls are prohibited to residents of the provinces of Alberta, British Columbia, New Brunswick, Ontario, and Saskatchewan in observance of Family Day.
- On Monday, February 17, 2025, unsolicited marketing calls are prohibited to residents of the province of Prince Edward Island in observance of Islander Day.
- On Monday, February 17, 2025, unsolicited marketing calls are prohibited to residents of the province of Manitoba in observance of Louis Riel Day.
- On Monday, February 17, 2025, unsolicited marketing calls are prohibited to residents of the province of Nova Scotia in observance of Heritage Day.
- On Friday, February 21, 2025, unsolicited marketing calls are prohibited to residents of the province of Yukon in observance of Yukon Heritage Day.
Gryphon has updated its existing service parameters to reflect these solicitation bans.
New York State of Emergency Extended Through February 23, 2025
Consistent with prior communications, Executive Orders declaring disaster emergencies in the State of New York trigger telemarketing restrictions under the Nuisance Call Act.
The Nuisance Call Act makes it unlawful for any telemarketer to make unsolicited telemarketing sales calls to areas of the state under an emergency declaration.
Executive Order 28.22, declaring a disaster emergency in the state of New York, has been extended through February 16, 2025. This order is regarding the Introduction of Non-Citizens from Countries Where a Quarantinable Communicable Disease Exists.
Executive Order 44, declaring a state of emergency for 12+ New York counties for a severe storm system and hazardous conditions, has been extended through February 19, 2025.
Executive Order 38.6 for a weather-related disaster emergency for all counties in New York, has been extended through February 23, 2025.
Gryphon has extended State of Emergency blocks for New York to February 23, 2025, to ensure compliance with the above Executive Orders.
FCC Delays and 11th Circuit Vacates One-to-One Consent Rule
The FCC postponed the new One-to-One Consent rule (which was intended to redefine consent under the Telephone Consumer Protection Act (TCPA)), originally set for January 27th, due to a challenge by the Insurance Marketing Coalition (IMC). The postponement lasts until January 26, 2026, or until a date named by the FCC coming after a decision in Insurance Marketing Coalition Ltd v. FCC, whichever comes first.
Simultaneously, the Eleventh Circuit Court of Appeals (Court) vacated the FCC ruling, sending it back to the FCC for further consideration. The Court’s ruling vacates the One-to-One consent rule entirely.
The IMC challenge claimed the rule oversteps the FCC’s authority, is arbitrary and capricious, and breaches the Administrative Procedure Act. The IMC also asserted that the additional ‘prior express consent’ restrictions were at odds with the usual statutory interpretation of ‘prior express consent’ under the TCPA and the FCC’s new ‘prior express written consent’ requirements exceeded what the TCPA stipulates. Also included in the challenge are the ‘logically and topically’ related stipulations.
The National Consumer Law Center (NCLC) opposed a stay.
In December oral arguments, the Eleventh Circuit panel communicated unease with the FCC’s potential overreach and raised doubts about whether the one-to-one consent rule limits consumers’ legal right to give consent. On January 25th, the Eleventh Circuit “vacated the portion of the December 2023 TCPA order that announced the TCPA one-to-one consent rule and remanded the matter to the FCC for further proceedings.”
It’s important to note that other provisions in the “Second Text Blocking Report and Order, 38 FCC Rcd at 12258-69, paras. 30-53 are not postponed. Specifically:
- The FCC required terminating mobile wireless providers to block text messages from a particular number following notification from the Commission unless their investigation determines that the identified text messages are not illegal;
- The Commission codified that the National DNC Registry’s protections apply to text messages;
- The Commission encouraged providers to make email-to-text a service that consumers proactively opt into”
See here for more detail on the postponement and vacated ruling.
Given the action by the Eleventh Circuit at the eleventh hour, many companies have probably already shouldered operational costs in preparation for compliance with the rule. On a positive note, the regulatory burden and TCPA liability have been alleviated. At least for now.
It’s now time to readjust and focus on the FCC’s Revocation of Consent stipulations effective on April 11th (this remains unchallenged). Be sure you can honor all “reasonable” requests, in a manner and timeline compliant with the new regulation.
New Administration Brings Staff Changes to FCC
The Federal Communication Commission (FCC) Chairman Brenden Carr announced several new staff appointments:
- Scott Delacourt, Chief of Staff for the Federal Communications Commission
- Greg Watson, Chief of Staff for the Office of Chairman Carr
- Arpan Sura, Senior Counsel — Spectrum and Technology
- Danielle Thumann, Senior Counsel – Wireline, Public Safety, and Consumer Protection
- Erin Boone, Senior Counsel – Media and Enforcement
- Adam Chan, National Security Counsel
- Anthony Patrone, Legal Advisor
- Callie Coker, Legal Advisor
- Matt Mittelstaedt, Director, Office of Legislative Affairs
- Stephanie Chambless, Special Counsel, Office of the General Counsel
- Drema Johnson, Confidential Assistant
For more details about staff members, click here.
FCC Chairman Brenden Carr also announced the appointment of Acting Bureau leadership as well as the Acting General Counsel and Managing Director:
- Joel Taubenblatt, Acting Chief of the Wireless Telecommunications Bureau
- Trent Harkrader, Acting Chief of the Wireline Competition Bureau
- Erin Boone, Acting Chief of the Media Bureau
- Debra Jordan, Acting Chief of the Public Safety and Homeland Security Bureau
- Jacob Lewis, Acting General Counsel
- Patrick Webre, Acting Chief of the Enforcement Bureau
- Eduard Bartholme, Acting Chief of the Consumer & Governmental Affairs Bureau
- Mark Stephens, Managing Director
For the official announcement, click here.
FCC Commissioner Geoffrey Starks also announced that Milla Anderson, formerly a Policy Advisor, departed the Commission last week, and Kiara Ortiz will be serving as Acting Legal Advisor.
For the official press release on Commissioner Starks’ changes of staff, click here.
2024 Wrap Up
To say 2024 was an active year in the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR) contact compliance space would be an understatement. The attention to telemarketing (robocalls/robotexts) and consumer protection at both state and federal levels was magnified to an extent not seen for decades. And not just small stuff – several initiatives were industry-changing and have shaped how companies will do business going forward.
Year in Review
Compliance Week Webinar: Navigating Contact Compliance in 2025: An Overview of Upcoming Legislation and How to Prepare
Check out our December webcast on navigating contact compliance in 2025 including 2024 highlights, understanding complex new regulations, how technological solutions can help enterprises minimize risk while maximizing reach, and key strategies for maintaining compliance.
Watch the on-demand recording here.
The Federal Communication Commission’s (FCC) Lead Generator Loophole
The FCC’s Lead Generator Loophole Notice of Proposed Rulemaking (NPRM) passed in late 2023 and was the hottest TCPA topic in 2024, defining provisions for one-to-one express written consent capture for automated dialing and prerecorded messages, requiring clear and conspicuous disclosure, topically and logically related outreach, and a shift in recordkeeping responsibilities to the caller/sender. Compliance is required by January 27, 2025.
The Insurance Management Coalition (IMC) has challenged these rules, so a review prior to January 27th is still possible.
The FCC’s Revocation of Consent Rule
Last year, the FCC’s Revocation of Consent rule was widely debated and “delayed indefinitely” for several months. Finally, the April 11, 2025, effective date was announced in October. Key provisions include:
- One non-promotional consent confirmation message allowed (effective 4/4/2024)
- Must honor revocation 10 business days or sooner, through reasonable means.
- Revocation result depends on type of phone or text message sent (marketing vs informational)
Rules Surrounding AI and Artificial Voices
The FCC was laser-focused on tackling AI and artificial voices, especially around elections. A declaratory ruling effective February 8, 2024, (3 weeks after President Biden’s AI-generated voice was used in the New Hampshire Presidential Primary) confirmed calls using AI fall under TCPA prerecorded voice restrictions requiring prior express consent of the called party.
This ruling built upon a Notice of Inquiry seeking to determine the implications of emerging AI technologies and protections under the TCPA and laid the groundwork for the NPRM adopted on August 7th, seeking comment on further addressing AI while protecting positive uses for people with disabilities (proposed rule here). The NPRM issued in July sought comment specifically around AI use during election cycles (political ads), addressing deceptive deep fakes and growing mistrust, proposing AI disclosure requirements on various levels (primarily broadcasters, but options to extend to cable operators, etc.).
New Hampshire Presidential Primary Enforcement Actions
The FCC proposed a $2 million fine against Lingo Telecom for caller ID authentication violations, failing to verify the accuracy of the Caller ID data, and not following “know your customer” protocols. A settlement was reached for $1 million.
Separately, an enforcement action against political consultant Steve Kramer for initiating the election interference calls included a $6 million fine.
Amendments to the Telemarketing Sales Rule (TSR)
The Federal Trade Commission (FTC) amended the TSR for the first time in almost 10 years (see NPRM), extending fraud protections to B2B calls and updating recordkeeping requirements, with compliance required by October 15, 2024.
With the new TSR records retention requirements increasing to 5 years, the FTC declared October 15, 2024, as “Store Your Telemarketing Records Day.”
Maine’s Reassigned Numbers Database (RND) Rule
Maine was the first state to require solicitors use the FCC’s RND “to verify a consumer’s telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.” This rule was effective July 16, 2024.
Robocall Mitigation Database (RMD)
The FCC’s RMD gained further notoriety in 2024 with ongoing activity enhancing the system of record framework established to block malicious carrier traffic. “Downstream providers… are prohibited from accepting a provider’s traffic if it is not listed in the RMD.”
In March, this 6th Report & Order (effective May 28, 2024) was issued stating voice service providers and intermediate providers will be prohibited from accepting traffic for providers not listed in the RMD and providers must refuse to carry traffic from any provider not listed in RMD.
This NPRM was established to seek comment on procedural measures for continuous improvement.
In December, the FCC published a Notice of Order citing 2,411 companies with filing deficiencies.
On January 8, 2025, the FCC adopted more strict RMD filing requirements increasing base fines to $10,000 for submitting false or inaccurate information, $1000 for failure to keep information current, and added a $100 filing fee. Voice Providers feel proposal is “unnecessarily punitive.”
First Ever FCC Consumer Communications Information Service Threat (C-CIST)
A C-CIST designation was handed to Royal Tiger (who operate multiple companies) of the United States, United Arab Emirates, United Kingdom, and India for being a robocall bad actor with intent to harm and defraud consumers. The FCC states Royal Tiger’s persistent robocall campaigns (which amount to billions of calls) posed a significant threat to consumers’ trust in communication services while impersonating government agencies, utility companies, financial institutions, credit card interest rate reduction offers, and purchase authorizations.
Text Message Blocking Requirements
Text Message Blocking Requirements using Do Not Originate (DNO) Lists became effective on September 3, 2024, requiring mobile providers to block texts at the network level, use of a “reasonable Do-Not-Originate list”, including numbers that purport to be from invalid, unallocated, or unused North American Numbering Plan (NANP) numbers, and NANP numbers for which the subscriber to the number has requested that texts purporting to originate from that number be blocked.
Caller ID Requirements Continue to Evolve
Caller ID requirements continue to evolve to maintain the integrity of the STIR/SHAKEN framework and ensure accountability in the caller ID authentication process. Caller ID information must be verified by the service provider, either by meeting STIR/SHAKEN IP protocols or by relying on third parties for authentication.
In November, the FCC adopted the 8th Report & Order with new service provider requirements around third-party authentication. For more information, click here.
At the state level, Wisconsin passed a bill making caller ID spoofing illegal, and it’s effective in 2025.
Do Not Disturb Act
The Do Not Disturb Act was introduced in January 2024 by Congressman Franke Pallone an aggressive proposal to curb robocalls. While this remains idle for now, it includes:
- Shrinking calling window to between 9 am and 5 pm
- Replacing TCPA’s ATDS definition with new term: “robocall”
- Mandating disclosure requirements for robocalls using AI and doubles maximum penalties or criminal fines for TCPA violations using AI
Chevron Deference
The Chevron Deference was struck down by the Supreme Court on June 28th, removing required deference to previously defined FCC interpretations, adding uncertainty to the level of disruption this rollback of federal agency authority may have on existing statutes. While courts routinely defer to FCC regulation and interpretations, the Hobbs Act still applies to courts interpreting the TCPA when the regulation is ambiguous. The fallout of this reversal is still in limbo and recent enough that challenges of prior agency interpretations are still an expected risk, along with increased judicial scrutiny, limited agency flexibility and a slower rulemaking process.
Do Not Call Registry Fees Increased on October 1, 2024
See this table for a breakdown of cost increases:
Resources:
- STIR/SHAKEN: PIRG Report Published: The State of Robocalls
- After 3 years, only 46% of phone companies are compliant.
- Scam calls are going down, but scam texts have tripled since 2021
- Attempted consumer scams up from 17% in 2021, to 24% losing money in 2024
- Emails are #1 scam source for volume, but far more money is lost through phone calls ($1,480 avg loss) and text ($1,000 avg loss) scams. More info here.
- NCLC Publishes FDCPA Year in Review – FDCPA: 2024 in Review | NCLC Digital Library
2025 Readiness
Here are some key compliance dates and legislative activity to keep an eye on as we kick off 2025:
- California Assembly Bill 2905 (telecommunications: automatic dialing-announcing devices: artificial voices): Effective January 1, 2025, expands the Public Utilities Code (PUC) to include calls made using AI and requires disclosure of the use of AI-generated voices in robocalls
- FTC TSR Final Rule Inbound Telemarketing Tech Support Calls: Effective January 9, 2025, the amendment extends coverage to these types of calls in response to an ad or direct mail solicitation offering technical support of product or services for sale
- FCC’s One to One Consent rules: Effective January 27, 2025, the 11th Circuit Court challenged by IMC – more to come!
- Wisconsin Prohibition of Caller ID is effective on April 1, 2025
- FCC Revocation of Consent: Effective April 11, 2025, shortening the timeframe for conformity to 10 days
- Consent Capture on Email to Text: Not a requirement yet, but the FCC has strongly suggested requiring mobile wireless providers to offer email-to-text services on an opt-in basis (the FCC cites these messages as the largest source of illegal texts)
- Continued RMD Refinements are expected given the steps FCC enforcement that took place in 2024 (and early 2025 already), and given that regulatory enforcement will remain under administrative agency control post-Chevron
- More state-level expectations:
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- Additional states may propose the use of RND
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- West Virginia: 3 telemarketing related bills introduced in early 2024 may resurface (HB4886, HB5228, SB500)
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- Michigan SB 1037: Reintroduced in 2024 and referred to the committee
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- Maryland HB107, SB49: Addresses automatic renewal disclosures, terms, cancellation options, etc.
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- Missouri HB292, SB469, HB564: Addresses B2B provisions, including disclosures and caller ID, prohibiting false info and intent to deceive
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- New York SB859: Amends telemarketing laws expanding robocall/robotext automated and artificial/prerecorded voice prohibitions and free call blocking
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- Washington HB1103: Amends telemarketing law expanding prohibitions to text messages
About Gryphon.ai
Staying updated with the latest regulatory changes is crucial for any enterprise aiming to minimize risk and maximize reach. Gryphon.ai is the only automatic, real-time, intelligent contact compliance solution on the market that delivers compliant, real-time intelligence into every customer conversation.
With Gryphon.ai, enterprises can stay ahead of the regulatory curve and efficiently manage all regulatory changes, ensuring seamless compliance and operational excellence.
To learn more about how Gryphon can help you manage these updates, reach out to us today.