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Attorneys General Express Widespread Support for Traced Act Reintroduced in the Senate to Stop Illegal Robocall Scams

Sen. John Thune (R-SD), member of the Senate Commerce Committee and chairman of the Subcommittee on Communications, Technology, Innovation, and the Internet, and Sen. Ed Markey (D-MA), also a member of the Commerce Committee and author of the Telephone Consumer Protection Act (“TCPA”), recently reintroduced the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act, S. 151. The TRACED Act is identical to the version as originally introduced in November 2018 (and previously discussed here). The bill seeks to prevent illegal robocall scams and other intentional violations of the TCPA.

Recently, the attorneys general from all fifty states and four territories wrote a letter expressing support for the TRACED Act to Senators Roger Wicker (R-MS) and Maria Cantwell (D-WA), the Chairman and Ranking Member, respectively, of the Senate Commerce Committee. In the letter, the attorneys general stated that “[w]e believe that this legislation effectively addresses many of the concerns raised by federal regulators, voice service providers, private businesses, consumer advocacy groups, and other interested parties to combat illegal robocalls and spoofing, and we are heartened that it enables the telecom industry, federal regulators, and our offices to take meaningful steps to abate the rapid proliferation of these illegal and unwanted robocalls.” 

The TRACED Act would broaden the authority of the Federal Communications Commission (“FCC”) and the Federal Trade Commission (“FTC”) to take aggressive enforcement action against voice service providers on call authentication and other technology solutions. And among other things, the Act would direct the FCC to adopt certain rules that would require voice service providers to implement appropriate and effective call authentication technologies and also establish an interagency working group, consisting of various federal agencies, state attorneys general, and other non-federal entities, to identify and report to Congress on improving deterrence and criminal prosecution of robocall scams at the federal and state levels. The widespread support from the state attorneys general for the Act, along with prior support from the FCC and FTC Commissioners, industry associations, and leading consumer groups, may incentivize Congress to move forward on the Act. 

Copyright 2020 K & L GatesNational Law Review, Volume IX, Number 82


About this Author

Pamela Garvie, KL Gates Law Firm, Public Policy Attorney

Ms. Garvie represents transportation, media, retail, and other business clients before the Congress and federal agencies on issues dealing with economic, safety, and security regulation, advertising and programming restrictions, and taxes and trade.  She also provides customized intelligence and analysis to institutional investors and hedge funds on a broad range of federal legislative and regulatory activities that impact their investments.  Among other matters, she led the firm’s successful efforts to create federal funding programs in rail safety and...

Amy Carnevale, KL Gates, government affairs advisor, healthcare policy lawyer
Government Affairs Advisor

Ms. Carnevale is a government affairs advisor in the firm’s Boston and Washington, D.C. offices. Her practice focuses on healthcare policy, labor and employment issues and economic development. Prior to joining the firm, Ms. Carnevale was chief of staff to a Northwest Member of Congress who served on the House Appropriations Committee. In this capacity, she managed all aspects of the office and was the Congressman’s top advisor for all political and policy matters. Prior to becoming chief of staff, Ms. Carnevale served as legislative director and legislative assistant. She was responsible for a wide range of issues, including appropriations, natural resources, energy, housing, health care, labor, education, banking, budget and taxes. Ms. Carnevale is an elected member of the Massachusetts Republican State Committee and serves on the State Party’s Executive Committee. She was an elected Trump delegate to the 2016 Republican Convention and served on the Platform Committee at the Convention. Ms. Carnevale was also selected one of 11 electors for Donald Trump for the Commonwealth of Massachusetts.

Andrew Glass, KL Gates Law Firm, Financial Litigation Attorney

Mr. Glass is a partner resident in K&L Gates’ Boston office, and a member of the firm's Consumer Financial Services Litigation and Class Action Litigation Defense groups, with extensive experience in complex commercial litigation. Mr. Glass's practice focuses on the defense of federal and state class action litigation brought against consumer financial services, mortgage lending, and consumer credit institutions. These class actions concern challenges under federal statutes, including the Fair Housing Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Real...

Gregory Blace, KL Gates Law Firm, Class Action Litigation Attorney

Mr. Blase is a partner in the Boston office of K&L Gates where he is a member of the firm's Class Action Litigation Defense group. Mr. Blase has experience in complex commercial litigation, and has represented mortgage lenders, servicers and other financial institutions in class action and individual suits under the Telephone Consumer Protection Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Truth in Lending Act, Fair Housing Act, Equal Credit Opportunity Act, Real Estate Settlement Procedures Act, and various state unfair and deceptive practices...

Joseph C. Wylie II, KL Gates Law Firm, Commercial Litigation Attorney

Mr. Wylie’s practice focuses on complex class-action defense and complex commercial litigation with a particular emphasis on consumer and securities matters. He represents clients in defending against a wide range of individual and class-action consumer claims, including consumer fraud actions and claims brought under the Telephone Consumer Protection Act. He also represents investment advisers and mutual fund families in connection with government investigations and investor claims, including claims made under the Investment Company Act. Mr. Wylie also represents...