New York Attorney General Letitia James took action to protect New Yorkers from unwanted robocalls. Together with a bipartisan coalition of 27 other attorneys general, Attorney General James filed an amicus brief to support and defend a rule by the Federal Communications Commission (FCC) that stops telemarketers from obtaining and selling consumers’ phone numbers to robocallers without their consent. The coalition argues in their brief filed in Insurance Marketing Coalition v. Federal Communications Commission that the FCC was acting within its statutory authority when it promulgated the rule, and that the rule would help reduce the volume of robocalls made to consumers nationwide.
“New Yorkers and consumers nationwide are sick and tired of receiving unwanted robocalls,” said Attorney General James. “Robocalls are not only annoying but have also led to serious scams that robbed people of millions of dollars. The FCC’s rule would help stop some of these unwanted calls and could protect consumers from fraud. My office is joining attorneys general across the country to defend this rule and help protect consumers.”
Robocalls have been rampant and have led to scams and fraud. In 2023 alone, consumers reported losing more than $1.2 billion to scams perpetrated through robocalls and text messages, according to data collected by the Federal Trade Commission. To address this issue, the FCC issued a rule under the Telephone Consumer Protection Act (TCPA) that would require lead generators, companies that collect consumers’ information and sell it to third-party companies, to obtain consumers’ consent before sharing their phone number with third-party companies.
In their brief filed in the U.S. Court of Appeals for the Eleventh Circuit, the coalition argues that the FCC’s rule helps bolster efforts by states to stop robocalls. The coalition writes that the rule is effective by targeting robocalls at one of their sources: the point where consumer contact information is first obtained. In addition, they argue that the FCC’s rule protects consumers by providing them with clear and conspicuous disclosures when consenting to sharing their contact information with a seller, such as a website that they use to search for products or receive a quote on a service.
Joining Attorney General James in filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and the District of Columbia.