LANSING – Yesterday, Michigan Attorney General Dana Nessel joined a coalition of 28 attorneys general in filing an amicus brief (PDF) in support of the Federal Communications Commission’s (FCC) One-to-One Consent Rule. The coalition argues the rule is a critical measure designed to curb the flood of robocalls harassing consumers.
The One-to-One Consent Rule, adopted in late 2023, requires telemarketers and lead generators to obtain explicit consent from consumers before contacting them and selling their contact information. It also prevents lead generators from obtaining blanket consent on behalf of multiple businesses, a practice that has misled consumers and resulted in an overwhelming volume of unwanted calls or messages. Attorney General Nessel previously joined a bipartisan coalition of 29 attorneys general advocating for the FCC to adopt the rule. Despite its consumer protection benefits, the United States Court of Appeals for the Eleventh Circuit recently vacated the rule, ruling that the FCC lacked the authority to promulgate it.
According to the Federal Trade Commission (FTC), consumers reported losing more than $1.2 billion to scams perpetrated through robocalls and text messages in 2023. In their brief, the coalition argues that the One-to-One Consent Rule is a critical enforcement tool that complements state efforts to stop illegal robocalls. By ensuring clear and explicit consent, the rule prevents lead generators from exploiting consumers’ contact information for profit, an authority the coalition contends the FCC has the power to enforce under the Telephone Consumer Protection Act.
“My colleagues and I have worked hard to crack down on illegal robocalls in our states, and this FCC rule is a crucial tool for stopping these relentless, intrusive calls at the source,” Nessel said. “I urge the court to reinstate this essential protection, giving consumers greater control over who can contact them.”
Attorney General Nessel is an Executive Committee member of the Anti-Robocall Multistate Litigation Task Force that is leading a national effort to reduce the number of unwanted automated calls Michigan residents receive. As part of her national anti-robocall efforts, the Attorney General took action last December against four voice service providers and iDentidad Telecom, warning them about transmitting suspected illegal robocall traffic on their networks. The Attorney General, alongside her partners on the Task Force, issued a warning to a company accused of sending scam election robocalls to New Hampshire residents during the state's primary. Attorney General Nessel also joined a coalition of 26 attorneys general in sending a letter to the Federal Communications Commission in 2024 urging strict federal restrictions on the use of AI by telemarketers due to its potential for abuse.
Attorney General Nessel also filed criminal charges in 2020 against two political operatives who orchestrated a series of robocalls aimed at suppressing the vote in the 2020 presidential election. The two operatives, Jack Burkman and Jacob Wohl, were charged with intimidating voters and conspiracy to commit an election law violation, among other felonies. Last year, the Michigan Supreme Court upheld a state statute that prohibits false speech made in an attempt to deter or influence a vote.
Joining Attorney General Nessel in filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.
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