Below is a recap of essential regulatory updates for contact compliance professionals for the month of March.
April 2025 Holiday Solicitation Bans
Please be aware of the following U.S. holiday telephone solicitation bans for April 2025:
- On Friday, April 18, 2025, Pennsylvania and Louisiana prohibit unsolicited sales and marketing calls in observance of Good Friday.
- On Friday, April 25, 2025, Nebraska* prohibits unsolicited sales and marketing calls (for prerecorded messages only), in observance of Arbor Day.
- On Monday, April 28, 2025, Alabama prohibits unsolicited sales and marketing calls in observance of Confederate Memorial 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 Canadian holiday telephone solicitation bans for April 2025:
- On Friday, April 18, 2025, all Canadian provinces and territories prohibit unsolicited sales and marketing calls in observance of Good Friday.
- On Monday, April 21, 2025, all Canadian provinces and territories prohibit unsolicited sales and marketing calls in observance of Easter Monday.
New York State of Emergency Updates
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 28.24, declaring a disaster emergency in the state of New York, is effective through April 12, 2025. This order is regarding the Introduction of Non-Citizens from Countries Where a Quarantinable Communicable Disease Exists.
Executive Order 47.3, declaring a State Disaster Emergency in the State of New York arising from an illegal and unlawful strike by correction officers, has been extended through April 9, 2025.
Executive Order 48, declaring a disaster in the county of Suffolk, New York for wildfires creating hazardous conditions and posing imminent danger, is effective through April 7, 2025.
Lastly, Executive Order 38.8, declaring a State Disaster Emergency for all NY counties for storm disruptions (road closures, power outages, property damage, etc.) posing an ongoing threat to public health and safety, has been extended through April 20, 2025.
Gryphon has extended State of Emergency blocks for New York to April 20, 2025, to ensure compliance with the above Executive Orders.
FCC Adopts Call Blocking Report & Order in February Open Meeting
On February 27, 2025, during the Federal Communication Commission (FCC) open meeting, a unanimous 4-0 vote sealed the approval and adoption of the FCC 8th Report & Order, requiring two things:
- “Every company on the call path to stop calls on the ‘do not originate’ list, an expansion from the number that had to do so before.”
- “Creation of a special code for letting callers know if their call has been blocked, in case the calls are legitimate and were blocked by accident.”
Although currently not required, the FCC’s Report & Order also urges “providers to continue to develop next-generation tools, such as Rich Call Data (RCD) and branded calling solutions,” and further suggests this could become a future mandate if this evolution doesn’t occur organically.
FCC Chair Brendan Carr referred to robocalls as “scourge,” and Commissioner Geoffrey Starks voiced his preference for former Chair Rosenworcel’s “more robust version” placing similar rules on text messages, in addition to calls.
The impacted companies have 12 months from the publication of the order in the Federal Register to implement the new SIP code 603+ (and no other code), ensuring compliance with the new requirements.
Click here for the NPRM and FCC fact sheet.
TCPA Case Filings Are Up, But Class Action Cases Dominate TCPA Litigation
TCPA cases are on the rise, which is big news itself. But the activity around TCPA class action cases is almost hard to believe. Case in point, TCPA history was made in 2024 with the largest number of TCPA class action cases ever recorded as 2,788 TCPA cases were filed (up 67% from 2023).
With the TCPA case filing trajectory trending upwards throughout the year, it hit a peak in November 2024 with 1,088 cases filed in that month alone, and with a whopping 1,039 (95.5%) certified as class actions. While December numbers dropped, they were still higher than all other months in 2024 (except November) and reflected 85.3% class action filings to close out the year.
For comparison, 76% of all TCPA cases were class action lawsuits in 2024, up from 50-57% in previous years.
And so far, TCPA class action cases recorded in 2025 are showing no signs of relief.
TCPA class action cases:
- January 2024: 64
- January 2025: 172
- 169% year over year increase
With 207 total TCPA cases filed in January 2025, it’s up 8.4% compared to December 2024.
Keep in mind these TCPA cases were all filed before the FCC’s one-to-one consent rule was scheduled to take effect in January 2025 (the ruling has since been vacated), and it’s prior to the fallout we’ll likely see from the upcoming FCC Revocation of Consent rules, effective in just a couple of weeks on April 11th, which means these cases were filed on current TCPA rules and regulations.
It’s imperative that you acknowledge and stay current on core TCPA rules and regulations at the federal level as well as state level telemarketing laws and incorporate them into your business as applicable. It’s a lot, and it’s tough – we get it! But Gryphon.ai sets the standard in the contact compliance space, so let us help. It’s what we do well.
Source: WebRecon
United States HR 1027 “QUIET Act”
As mentioned in our February 2025 Regulatory Report Update, US HR 1027 was introduced by Representative Eric Sorenson (Illinois) to the House on February 5, 2025, and was referred to the House Committee of Energy and Commerce on the same day.
US HR 1027 is also known as the QUIET Act (Quashing Unwanted and Interruptive Electronic Telecommunications Act). The bill focuses on “increasing penalties for scammers” related to AI-driven robocalls and impersonation.
On February 6, 2025, Representative Sorenson asked and was given permission to address the House to revise and extend his remarks. His remarks were as follows:
“Mr. Speaker, across America, working families and seniors are feeling the high costs of goods. All the while, scammers are using AI technology to impersonate loved ones, their banks, or even their government. Too often, it ends up with people being duped. Every sheriff in my district tells a similar story. Police reports get filed. In some instances, hundreds of thousands of dollars are gone. Many of these hustlers are not even in our country. That is why I am reintroducing the QUIET Act. My bipartisan legislation would increase the penalties for any scammer who thinks that they can use AI to make an easy buck off of a senior citizen by stealing their Social Security check. Mr. Speaker, I encourage my colleagues on both sides of the aisle to stand up to these bad actors and join me in this fight.”
- Aims to amend the Communications Act of 1934
- Requires “robocalls” using AI to disclose use of AI at beginning of call
- Proposes increased penalties for violations involving AI voice or text message impersonation
Defines Robocall and Text Message, as follows:
- Robocall: A call or text message made using equipment that dials stored numbers or generates numbers randomly/sequentially or uses an artificial/prerecorded voice.
- Text Message: Includes SMS, MMS, and RCS messages, but excludes real-time, two-way voice or video communications.
States Tighten the Screws on Telemarketing Legislation Amidst Deregulation Buzz
In this post-Chevron environment where the pace of federal regulation has started to soften, the states must have missed the memo. Perhaps in anticipation of telemarketing regulation challenges or maybe just ‘staying the course’ addressing individual state identified legislative gaps, the pace of State-level legislation is far from stagnant.
We provided January and February State Level Telemarketing legislation activity in our Regulatory Report: February 2025 (a flurry of 13 bills in 9 states), and March bill proposal activity follows suit.
Caller ID is the most popular Telemarketing bill topic, with automated systems/calling close behind.
Caller ID
- Minnesota SB1860 amends telemarketing law to prohibit fraudulent or inaccurate Caller ID info (name or telephone number), requires telecom providers to block violators of the caller ID prohibition, and requires annual certification to the MN Public Utilities Commission.
- New York SB5912 amends telemarketing law to impose a $25,000 fine for each violation of knowingly transmitting misleading, inaccurate, or false caller identification.
Automated Systems/Calling (ADAD = Automatic Dialing and Announcing Device)
- West Virginia HB2356 amends the Code of West Virginia relating to the Telephone Consumer Protection Act (TCPA) and proposes several telemarketing prohibitions:
- Requires “prior written consent” of the called party, including:
- Sales calls involving an automated system for the selection or dialing of telephone numbers
- Playing of a recorded or artificial voice message
- Other prohibitions such as caller ID, calling times, and call frequency
- Oregon HB3865 amends telemarketing law to broaden the definition of ADAD to include text messages, and when using an ADAD
- Requires telemarketing disclosures:
- To self-identify within first 10 seconds of call or in the initial text
- State the purpose of the call/text
- Identify the entity they represent
- And includes restrictions:
- Calling window from 9 a.m. to 7 p.m.
- No more than three telemarketing calls/texts in a 24-hour period
- Requires telemarketing disclosures:
Consent Is King With TCPA… But It’s Under Attack
The Chevron deference ruling by the Supreme Court of the United States (SCOTUS) last year (along with strong influences from Loper Bright Enterprises v. Raimondo and Skidmore v. Swift & Co (deference) cases), created opportunity for challenges to previous regulatory interpretations.
Since that SCOTUS decision in late June 2024, challenges have been trickling in; but now the faucet is open and the onslaught against the Federal Communications Commission (FCC) around different flavors of Telephone Consumer Protection Act (TCPA) “consent” has begun.
Specifically the FCC’s TCPA One-to-One Consent Rule, FCC’s TCPA Consent Revocation, and the FCC’s TCPA Prior Express Consent.
FCC’s TCPA One-to-One Consent Rule
Challenge Against Rule
The Insurance Marketing Coalition, Ltd (IMC) vs. FCC: Late 2024 the IMC challenged the FCC rule “regarding the interpretation of “prior express consent” under the TCPA. The 11th Circuit Court of Appeals reviewed and found that “the FCC’s additional restrictions on ‘prior express consent’ were inconsistent” with the prior TCPA interpretations.
Challenge in Favor of Rule
National Consumer Law Center (NCLC): Some may not realize how active and vocal the NCLC has been on their stance in favor of the One-to-One rule.
Below is a timeline of important events:
January 7, 2025: the NCLC met with Danielle Thumann, staff to FCC Commissioner Carr.
January 9, 2025: the NCLC published a press release recapping Jan. 7 meeting highlights and issued an ex parte notice on behalf of several consumer advocacy groups, expressing concern about misuse of consumers’ “consents.”
January 22, 2025: the NCLC issued a petition urging the FCC “not to act on the Emergency Petition….for a stay…” for IMC’s challenge.
January 24, 2025: the one-to-one ruling was vacated by the 11th Circuit Court
January 27, 2025: (date original FCC Revocation of Consent ruling was to take effect) the NCLC issued a statement opposing the last-minute Court decision stating it “will hurt consumers, small businesses and the American phone system” and stating the One-to-One rule is “consistent with the requirements for telemarketing calls imposed by the Federal Trade Commission (FTC) in the Telemarketing Sales Rule (TSR) and by Centers for Medicare and Medicaid Services (CMS)…”
February 19, 2025: the NCLC submitted a motion for permission to intervene, encouraging the 11th Circuit Court to reconsider the panel decision striking down the Rule. See February 20 Press Release here.
March 10, 2025: the NCLC submitted a proposed petition requesting a Full Court Rehearing in 11th Circuit Ruling to Overturn Decision, post-Loper. See March 11 Press Release here.
March 17, 2025: Last but not least, 28 State Attorneys General made their support for one-to-one consent official. State AGs offered comments in this Reply Comments document, reading in-part, “the State AGs support the Commission’s intended goal of eliminating the current practices of the lead generation industry, unscrupulous voice service providers, and illegal robocallers that abuse the Commission’s rules governing prior express written consent. In addition, the State AGs offer comments concerning the Commission’s proposals with respect to text messaging.” See Press Release Summary here.
FCC’s TCPA Consent Revocation (effective April 11, 2025)
In a challenge to the upcoming FCC Consent revocation ruling, several financial organizations met with Danielle Thumann, Senior Counsel to FCC Chairman Carr on March 7, 2025 to express the following concerns:
- A “stop” revocation (for example) stops all future phone/text communications from that financial institution for unrelated matters (such as low balance alerts or warnings for unusual activity) even if not consumer’s intent.
- Compliance with the order is substantial work – especially for large institutions across multiple systems.
- Coordinating with external 3rd party suppliers requires yet another layer of effort and complexity.
- Smaller providers are impacted, as modification of their communication systems often requires extensive manual work.
- The effective date of 4/11/25 was published on 10/11/24, which allows only 6 months for compliance readiness.
- Request: waive the rules for one year, to 4/11/2026.
On March 11, 2025, this Ex Parte letter was issued summarizing the earlier discussion, and signed by:
- American Bankers Association
- ACA International
- American Financial Services Association
- America’s Credit Unions
- Mortgage Bankers Association
FCC’s TCPA Prior Express Consent
March 7, 2025: A utility association representing investor-owned electric companies — specifically, Edison Electric Institute (EEI) – is challenging the FCC about prior express consent and the TCPA requirement for “demand response” (non-telemarketing) calls and text notifications. EEI is seeking FCC guidance on what constitutes allowable calls and texts, considering the prior 2016 FCC ruling clarifying policy for the “types of calls and texts from utilities that require prior express consent” for communications “closely related” to utility service. EEI asserts that demand response messaging (i) is informational and not telemarketing, (ii) ensures customer safety, and (iii) helps effectively manage electricity demands while benefiting the public interest and “helping consumers lower their cost of living.”
On March 11, 2025, the FCC issued a Public Notice seeking comment on the petition for declaratory ruling filed by EEI.
Comment Date: April 10, 2025
Reply Date: April 25, 2025
Interestingly, these “consent” challenges come at a time when the FCC announced its new “In re: Delete, Delete, Delete” initiative, which aims to solicit public input on rules, regulations or guidance documents that should be eliminated to alleviate unnecessary regulatory burdens. This initiative is part of a broader effort to streamline and modernize FCC regulations, and it’s expected to lead to a Notice of Proposed Rulemaking (NPRM) later in the year, where specific rules proposed for deletion or modification will be open for further public comment. The public is invited to comment on any FCC rules they believe are outdated, obsolete, or otherwise in need of modification or repeal.
The deadline for submitting comments is April 11, 2025, with reply comments due by April 28, 2025. See announcement from FCC Chair Brendan Carr here.
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.