FCC Proposes New Rules to Protect Consumers From Illegal Robocalls, To Include a Safe Harbor for Blocked Calls that Fail Caller ID Authentication

July 2, 2019

The Federal Communications Commission (“FCC” or “Commission”) has released a Declaratory Ruling and Third Further Notice of Proposed Rulemaking on June 7, 2019 in an attempt to further protect consumers from illegal, including spoofed, robocalls. (Docket Nos. CG 17-59 and WC 17-97) The FCC clarifies that voice service providers may utilize “reasonable analytics” to identify and block robocalls on a default basis. At the same time, the FCC is proposing to adopt a rule mandating the implementation (for those voice providers who have not already voluntarily done so) of the industry’s SHAKEN/STIR Caller ID authentication and protections for critical calls, including calls to Public Safety Answer Points (“PSAPs”)…

July 10, 2017

The Federal Communications Commission has proposed a historic $120 million fine against an individual, Mr. Adrian Abramovich, who reportedly made more than 100 million unlawful “spoofed” robocalls in violation of the Truth in Caller ID Act. On June 22, 2017, the Commission approved a Notice of Apparent Liability for Forfeiture finding Mr. Abramovich apparently liable for violations of the Act and Commission rules. On the same day, the Enforcement Bureau issued a Citation and Order notifying Mr. Abramovich that he violated the Telephone Consumer Protection Act (TCPA) by making prerecorded telemarketing calls to emergency phone lines, wireless phones, and residential phones without consent…

April 18, 2017

As part of an initiative that would enable voice service providers to better protect subscribers from illegal and fraudulent robocalls, the Federal Communications Commission has released a Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI).

“Despite FCC and other protections to help consumers avoid unwanted robocalls, consumers still get an unacceptably high volume of calls that can annoy or defraud,” the agency explained in a fact sheet. “One particularly pernicious category of robocalls is spoofed robocalls—i.e., robocalls where the caller ID is faked, hiding the caller’s true identity. Fraudsters bombard consumers’ phones at all hours of the day with spoofed robocalls, which in some cases lure consumers into scams (e.g., when a caller claims to be collecting money owed to the Internal Revenue Service) or lead to identify theft…”