Regulatory Round Up: Q1 2024

As we wrap the first quarter of 2024, it’s essential to stay up to date on recent telemarketing regulations to ensure operational success for the rest of the year. Here is a recap of the newest regulatory changes in Telephone Consumer Protection Act (TCPA) and Do Not Call (DNC) legislation. 

Wisconsin’s prohibition of caller ID spoofing 

Last quarter, Wisconsin passed Senate Bill 531, making caller identification (ID) spoofing illegal. 

The bill prohibits a telephone solicitor from blocking the transmission of caller ID information, prohibits callers from knowingly transmitting misleading or inaccurate caller ID information through a telephone call or text message with the intent to defraud or wrongfully obtain anything of value (including personally identifiable information), and prohibits callers from knowingly transmitting misleading or inaccurate caller ID information for any purpose.  

There are few exceptions: 

1. Caller may transmit the name of the seller on whose behalf the phone call is placed 
2. Caller may transmit the seller’s customer service phone number if an individual may call that number to make a do-not-call request during regular business hours 

Exemptions can also be made for transmissions in connection with authorized activities of law enforcement agencies or if a court order specifically authorizes the use of caller ID manipulation. 

Fines for violating these prohibitions range from $100-$10,000. It is estimated that this new law will take effect in February or March of 2025. 

For more information, click here. 

FCC’s revocation of consent 

In February, the FCC’s notice of proposed rulemaking on revocation of consent passed, marking a pivotal shift in communication standards for revoking consent, emphasizing the importance of respecting consumers choices, faster. 

This new rule is estimated to take effect in September or October of 2024 and enables the ability for consumers to revoke prior consent, through any reasonable means, within 10 days (or faster). Organizations will need to prepare to facilitate changes supporting new consent revocation nuances. 

For more information, click here. 

West Virginia’s mini TCPA 

The West Virginia legislature recently introduced two new TCPA-impacting bills. The bills place further responsibility on phone companies and also adds civil penalties, new definitions, exemptions, and prohibitions. While still early in the legislative process, it’s important to know what to expect if these bills get signed into law. 

House Bill 4886 was Introduced on January 18, 2024, and if passed, phone companies in West Virginia will have to allow an individual to call telemarking companies back at the number where the call originated and speak to that telemarketing campaign’s representative. 

Senate Bill 500 was also introduced in January and if passed will expand the definition of “prior express written consent.” This bill will put limitations on the term established business relationship, add caller ID requirements, restrict calling time, limit call attempts, presumes that calls made belong to a WV resident or place of business, and prohibit altering the callers voice in an attempt to disguise or conceal caller identity. 

For more information on the West Virginia “mini TCPA,” click here. 

Pennsylvania’s wiretap act 

The Pennsylvania Wiretap Act went into effect on February 12, 2024, and allows a recipient of a telemarketing or robocall to wiretap/record with conversations with telemarketers, enabling the recipient the ability to provide evidence of telemarketing-related schemes to law enforcement. 

The law also states that recipients of a telemarketing or robocall do not have to disclose that they are recording the call. Recipients are permitted to record phone calls without the telemarketer’s knowledge. However, the disclosure requirement remains in place for agents calling into Pennsylvania. 

For more information, click here. 

Robocall and robotexting law update 

Announced on February 8, 2024 and effective immediately, the FCC banned robocalls using cloned voices developed with artificial intelligence. 

Other important dates to remember: 

• March 26, 2024: FCC codifies national do not call (DNC) registry’s protections to extend to text messages 
• July 24, 2024: Mobile wireless carries are required to block text messages from numbers provided by FCC (carriers to notify FCC of reassigned numbers) 

This bill also encourages mobile wireless providers to make email-to-text a proactive “opt-in” service. 

For more information, click here. 

Do Not Originate List 

The Text Blocking Report & Order legislation passed in 2023, requiring mobile providers to block texts at the network level, also required use of a “reasonable Do-Not-Originate list,” which includes 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. 

The Final Rule and announcement of Compliance Date has been published, and the effective date for use of the DNO List is September 3, 2024. 

Do Not Disturb Act 

The “Do Not Disturb Act” was proposed in January 2024 and aims to change the definition of an automatic telephone dialing system (ATDS), telephone solicitation and telemarketing. 

This new proposed legislation also includes: 

• Disclosure requirements for robocalls using AI 
• Specific requirements for VOIP service providers to monitor, analyze traffic, identify, investigate and report robocall activity 
• Carrier requirement to offer robocall blocking service at no charge to the consumer 
• Enhanced penalties for TCPA violations using AI 
• And more 

For more information on the Do Not Disturb Act, click here. 

FCC’s lead generator loophole update 

Last year, the Federal Communications Commission (FCC) passed a new rule that will significantly alter the ability to leverage purchased leads for marketing and sales efforts.  Last quarter, the FCC announced that this rule would become effective on January 27, 2025.

Read more here.

FTC announced extension of telemarketing fraud protection 

Earlier this month, the Federal Trade Commission (FTC) announced a final rule extending telemarketing fraud protections to businesses and updated the rule’s recordkeeping requirements to consider developments in technology and the marketplace. The Commission also announced a proposed rule that would provide the agency with significant new tools to combat tech support scams. 

The final rule contains two new updates: 

• It prohibits deceptive and abusive practices in all business-to-business calls 
• It updates the Telemarketing State Rule (TSR) (which includes the Do Not Call Registry) recordkeeping requirements for call detail records and its corresponding safe harbor, records of consent, records of compliance with the DNC Registry, and the provision allowing sellers and telemarketers to allocate responsibility for recordkeeping 

For more information, click here. 

Missouri updates 

Missouri representatives have introduced House Bill 2603 (caller ID anti-spoofing act) and House Bill 2648 (deceptive, deep fake, and fraudulent political ads) which includes legislation addressing: 

• No Caller ID Spoofing 
• New violation amounts for callers who use false information  
• Addresses “deceptive and fraudulent deepfake” synthetic media with new definitions 
• And more 

For more information on Missouri’s proposed changes to caller ID spoofing, click here. 

For more information on the bill defining “deceptive and fraudulent deepfake” synthetic media, click here. 

FCC strengthens ability of consumers to block robocalls 

The Federal Communications Commission (FCC) adopted new rules that will make it simpler for consumers to revoke consent to unwanted robocalls and robotexts while requiring that callers and texters honor these requests in a timely manner.  

Specifically, the FCC adopted rules to make clear that revocation of consent can be made in any reasonable manner, require that callers honor do-not-call and consent revocation requests within a reasonable time not to exceed ten business days of receipt, and limit text senders to a one-time text message confirming a consumer’s request that no further text messages be sent under the Telephone Consumer Protection Act (TCPA). 

For more information, click here. 

FCC announced robocall enforcement partnership with Georgia Attorney General 

The FCC announced a formal partnership with Georgia’s Office of the Attorney General to protect consumers against robocall scams. These Memoranda of Understanding between state and federal robocall investigators establish critical information sharing and cooperation structures to investigate spoofing and robocall scam campaigns.  

Both the FCC and state investigators seek records, talk to witnesses, interview targets, examine consumer complaints, and take other critical steps to build a record against possible bad actors. These partnerships can provide critical resources for building cases and preventing duplicative efforts in protecting consumers and businesses nationwide. 

For more information, click here. 

Utah to add disclosure requirements for artificial intelligence 

The Utah Artificial Intelligence Policy Act (AIPA) expands existing consumer protection laws enforced by Utah’s Division of Consumer Protection (DoCP) to cover generative AI deployments and makes clear that the business (and not the system) is responsible for actions caused by generative AI use.  

The law, signed in March 2024, marks a significant step in regulating AI in the private sector. Beginning May 1, 2024, certain private entities using generative AI will be required to disclose when an individual interacts with AI technology or views material created by generative AI. 

For more information, click here. 

Ready to start your compliance journey?

A steady upsurge in regulations surrounding the TCPA and DNC makes it difficult for compliance leaders to keep up with all the recent changes. Let Gryphon take the guesswork out of compliance and learn more about Gryphon’s automated compliance solution today.