Feds Take Action on Robocalls With TRACED Act

Davis Wright Tremaine LLP

Davis Wright Tremaine LLP

With the passage of the "Telephone Robocall Abuse Criminal Enforcement and Deterrence Act" (TRACED Act) in late 2019, the federal government took decisive action to thwart the billions of robocalls plaguing Americans. Estimated to cost the country $3 billion each year in lost time (not including fraud), the FCC believes almost half are outright illegal and aimed at "tricking the hurried, the trusting, and the vulnerable consumer."

In addition to creating a regulatory framework and enhanced legal ramifications for violations, the TRACED Act also requires the FCC complete a rulemaking within one year to revisit the exemptions in its rules implementing the Telephone Consumer Protection Act (TCPA). Furthermore, the Act prescribes new FCC reporting on the initiatives required by its passage and creates a pathway for DOJ prosecutions.

Lastly, the FCC is soliciting public comments on consumer call-blocking tools and their effectiveness, as well as the impact of FCC actions related to the Act.

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