Robocalls are an increasing threat to Americans across the country. In 2020, American consumers received nearly 4 billion robocalls per month. This number quickly increased in March 2021 when Americans received 4.9 billion robocalls. Although not all robocalls are illegal, illegal robocalls hurt Americans by spamming them to market a product. Americans have a choice to give their written consent, but the issue stems from robocalls marketing products without written consent. About 60 million Americans say they have been a victim to phone scams in the last year and have lost nearly $30 billion as a result. Unfortunately, despite the FCC and FTC increasingly targeting spammers and illegal robocalls, it is difficult to say when this problem will end.
A full year of quarantine, and a whole lot of spam. You wouldn’t be alone in noticing that telemarketer and spam calls have proliferated in the past year of lockdown. The Federal Trade Commission (“FTC”) has noticed, too: the tail end of 2020 saw the agency file its first ever complaint against a VoIP service provider for enabling scammers to make robocalls. Just weeks later, they filed their second. The agency is making clear that this new method of enforcement will help combat the issue—but is it?
Will new litigation affect Beto O’Rourke’s campaign? With election polls opening up for early voting last week, a one week left of campaigning and the new Telephone Consumer Protection Act (the “TCPA”) litigation to defend, it is unlikely that Beto O’Rourke will be slowing down any time soon. O’Rourke has made it his mission to reach all voters, not just those residing in the three major cities: Austin, Houston and Dallas. New litigation filed October 19, 2018, raises the question whether “Beto for Texas” reached those voters in violation of the TCPA and the recent Marks v. Crunch decision. The litigation will address whether the 5th Circuit will implement Marks expansive definition of an “automated telephone dialing system.”
On November 21, 2017, FCC Chairman Ajit Pai announced his intent to roll back utility-style regulations on internet service providers promulgated in 2015. This issue will be called for a vote on December 14 at the FCC’s open meeting. President Obama pressured the FCC to promulgate rules to regulate the internet as a public utility and preserve “net neutrality.” The FCC’s proposed repeal of these rules would restore internet service provider regulations to the framework established by the Telecommunications Act of 1996. This recent proposal has been divisive along party lines, and the FCC has reported receiving more than 22 million comments.
On May 18, 2017, the Federal Communications Commission (FCC) voted 2-1 to initiate the process of rolling back net neutrality provisions put in place by the Obama administration designed to keep the Internet open and fair. The FCC Chairman’s proposal will end the “utility-style strict regulatory approach that gives government control of the Internet.” The current FCC intends to implement market-based policies designed to preserve Internet freedom and reverse declining infrastructure investment, innovation, and options for consumers it argues resulted from the FCC’s actions in 2015.