In its continuing actions to implement the TRACED Act, the Federal Communications Commission will consider an order at its June 17, 2021, Open Meeting to implement Section 10(a) of the statute.

That Section directed the agency “to establish regulations to create a process that ‘streamlines the ways in which a private entity may voluntarily share with the Commission information relating to’ a call or text message that violates prohibitions regarding robocalls or spoofed caller ID set forth section 227(b) and 227(e) of the Communications Act of 1934, as amended.”

To that end, the FCC’s proposed Report and Order provides for the following implementing actions (https://docs.fcc.gov/public/attachments/DOC-372822A1.pdf):

  • “Creates an online portal located on the FCC website where private entities can submit information about suspected robocall and spoofing violations directly to the Enforcement Bureau.
  • Private entities that use the portal will be asked to submit certain minimum information including, but not necessarily limited to, the name of the reporting private entity, contact information, including at least one individual name and means of contacting the entity (e.g., a phone number), the caller ID information displayed, the phone number(s) called, the date(s) and time(s) of the relevant calls or texts, the name of the reporting private entity’s service provider, and a description of the problematic calls or texts.
  • Defines ”private entity“ as anyone other than a public entity or an individual natural person (i.e. an individual consumer).
  • The new process will not affect the current informal complaint process that the Consumer and Governmental Affairs Bureau manages.
  • The Enforcement Bureau will implement the portal once it receives the requisite OMB approvals.”