Great Lakes Wire

Michigan Attorney General Dana Nessel has joined a coalition of 28 attorneys general in filing an amicus brief supporting the Federal Communications Commission’s (FCC) One-to-One Consent Rule. The 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 prohibits lead generators from acquiring blanket consent on behalf of multiple businesses, a practice that has led to an influx of unwanted calls.

Despite its intended consumer protection benefits, the United States Court of Appeals for the Eleventh Circuit recently vacated the rule, stating that the FCC lacked authority to implement it. According to the Federal Trade Commission (FTC), consumers lost over $1.2 billion to scams via robocalls and text messages in 2023.

The coalition argues that the One-to-One Consent Rule is essential for complementing state efforts against illegal robocalls by ensuring clear consumer consent. "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," said Nessel. "I urge the court to reinstate this essential protection, giving consumers greater control over who can contact them."

Attorney General Nessel is part of the Anti-Robocall Multistate Litigation Task Force aimed at reducing unwanted automated calls in Michigan. Last December, she acted against four voice service providers and iDentidad Telecom regarding suspected illegal robocall traffic. Additionally, she joined other attorneys general in urging federal restrictions on AI use by telemarketers due to potential misuse.

Nessel previously filed charges against two political operatives for orchestrating robocalls intended to suppress votes during the 2020 presidential election. The Michigan Supreme Court upheld a statute prohibiting false speech aimed at deterring voters.

The brief was filed alongside attorneys general from various states including Arizona, California, New York, and Virginia.