PHOENIX – Yesterday, Arizona Attorney General Kris Mayes joined a coalition of 28 attorneys general in filing an amicus brief in support of the Federal Communications Commissions' (FCC) One-to-One Consent Rule. The coalition argues the rule is a critical measure designed to curb the flood of robocalls harassing consumers.
“We’re seeing more robocalls than ever, and, in addition to being extremely annoying for Arizona consumers, they’re also a gateway for fraud and consumer scams to try to drain millions of dollars from Arizonans hard-earned savings accounts each year,” said Attorney General Mayes. “It would be nonsensical to rid of one of the only nationwide enforcement tools that aims to shut the spigot of illegal robocalls.”
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 Mayes 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.
Arizona ranks third in the U.S. for robocall complaints, according to a 2024 study, and Phoenix and Tucson are both in the top ten cities nationwide for robocall complaints. The study also found a 10% increase in the number of robocall complaints in Arizona in the past year. Arizonans reported losing nearly $145 million to various forms of fraud last year, per new FTC data.
Attorney General Mayes is a member of the Anti-Robocall Litigation Task Force and has been committed to actively investigating and pursuing enforcement actions against entities in the robocall ecosystem that are identified as being responsible for significant volumes of illegal and fraudulent robocall traffic routed into and across the country. As part of her national anti-robocall efforts, in 2023, the Attorney General and the Task Force took action against Avid Telecom over alleged illegal robocalls. Attorney General Mates also joined a coalition of 26 attorneys general in sending a letter to the FCC in 2024 urging strict federal restrictions on the use of AI by telemarketers due to its potential for abuse.
Joining Attorney General Mayes in filing this brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.
A copy of the amicus brief is available here.