FCC

With the 2024 election cycle in full swing in the United States, on Wednesday, May 22, 2024, FCC Chairwoman Jessica Rosenworcel asked her fellow Commissioners to approve a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposal to require a disclosure when political ads on radio and television contain

Continue Reading FCC Chair Proposes AI Labeling for Political Ads on TV and Radio

FCC Chairperson Jessica Rosenworcel issued a press release on Wednesday stating that she has circulated to her fellow FCC commissioners and proposal that, if adopted by the agency, will clarify that the TCPA and related FCC rules impose a consent standard on “ringless voicemails” delivered to a user’s voicemail inbox.
Continue Reading FCC Chair’s Proposed Order: Ringless Voicemails Require Prior Consent

Yesterday, a complaint was filed in a Minnesota federal district court against Bernie 2020 Inc. (“the Sanders Campaign”), alleging that the Sanders Campaign transmitted automated text messages to mobile telephone numbers without the “prior express consent” of their recipients in violation of the Telephone Consumer Protection Act (“TCPA”).

The complaint
Continue Reading Political Campaigns Among Entities Alleged to Have Violated TCPA

On December 13, the Federal Communications Commission (“FCC”) issued a Notice of Apparent Liability (“NAL”) against Kenneth Moser and his telemarketing company, Marketing Support Systems (“MSS”), proposing a fine of $9,997,750 for allegedly transmitting more than 47,000 unlawful spoofed robocalls.  The calls were made over a two-day period in May
Continue Reading FCC Proposes Nearly $10 Million Fine Against Campaign Vendor for Spoofed Robocalls

Yesterday, the Federal Communications Commission’s Enforcement Bureau issued an advisory reminding political campaigns about the restrictions placed on the use of autodialed calls, prerecorded calls, and text messages by the Telephone Consumer Protection Act (“TCPA”) and the FCC’s corresponding rules.  The Enforcement Bureau warns that it is “closely monitoring this
Continue Reading FCC Issues “Enforcement Advisory” Warning Political Campaigns and Promoters Against Robocall Abuse

Last week, the Federal Communications Commission announced plans to fine Dialing Services, LLC, nearly $3 million for making illegal “robocalls” to cell phones.  The FCC has specific rules for automatic telephone dialing systems, also known as “autodialers,” that have the capacity to produce, store, and dial telephone numbers using a
Continue Reading FCC Fines Company $2.9 Million for Political Robocalls to Cell Phones

The Seventh Circuit Court of Appeals recently held that the application of Indiana’s telemarking statute to interstate political calls was not preempted by federal law.  You can read more details on the case, Patriotic Veterans v. Indiana, on Covington’s Inside Privacy blog.  One important takeaway from the case is
Continue Reading Seventh Circuit Upholds Indiana Statute Regulating Interstate Political Robocalls

Yesterday,  the Federal Communications Commission’s Enforcement Bureau issued a timely advisory on the statutes and rules restricting political telephone calls.  In the high season for election activity, the FCC hopes that the Advisory will lead to greater compliance with the Telephone Consumer Protection Act of 1991 (TCPA) and Commission rules
Continue Reading FCC Issues “Enforcement Advisory” on Political Telephone Calls