In the latest episode of Full Spectrum’s Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin discuss a series of FCC orders that require implementation of a call authentication framework called STIR/SHAKEN. They cover the FCC’s anti-robocall program, the specifics of STIR/SHAKEN, its implementation requirements and deadlines, and other implications for service providers,
The FCC is moving full steam ahead this summer with a jam-packed agenda for its next open meeting, scheduled for July 16, 2020. Headlining the meeting is the creation of the National Suicide Prevention Lifeline, establishing 988 as the 3-digit dialing code for the suicide and mental health crisis hotline. All telecommunications carriers and VoIP providers would be required to implement 988 on their networks by July 16, 2022. The FCC continues to move forward on eliminating unwanted and illegal robocalls, planning to carve out safe harbors from liability for call blocking based on reasonable analytics and seeking comment on any additional obligations for blocking providers. The supply chain rulemaking would adopt the Commission’s prohibition on using universal service funds to support equipment or services provided by identified companies posing a national security threat, and propose further requirements for securing communications networks. The agency also plans to affirm and build upon vertical location requirements for enhanced 911 location accuracy and to establish procedures for enhanced broadband mapping and data collection. In addition, the agenda includes items to modernize the leased access rate formula and streamline and update the priority service program rules for emergency workers.
While FCC action historically dwindles going into an election year, the July agenda shows no signs of slowing down on the Commission’s main priorities. You will find more details on the most significant July meeting items after the break:
On the same day that the FCC set a call blocking declaratory ruling for vote at its July 2020 Open Meeting, the FCC’s Consumer and Governmental Affairs Bureau issued rulings in two long-pending petitions for clarification of the requirements of the Telephone Consumer Protection Act (“TCPA”). Although these clarifications do not address the core questions regarding the definition of an autodialer and consent requirements that were remanded two years ago in ACA International v. FCC, they may signal an effort to clean up TCPA issues in what is expected to be the waning months of FCC Chairman Pai’s tenure at the Commission.
In the first ruling, P2P Alliance, the Bureau ruled that an automatic telephone dialing system (“ATDS”) is not determined by whether the equipment has the capability to send a large volume of calls or texts in a short period of time. Instead, the Bureau, while recognizing that the Commission’s interpretation of the ATDS definition remains pending, ruled that “whether the calling platform or equipment is an autodialer turns on whether such equipment is capable of dialing random or sequential telephone numbers without human intervention.” The Bureau also provides an illuminating discussion of the so-called “human intervention” element of prior FCC statements regarding autodialers.
In the second ruling, Anthem, Inc., the Bureau denied a petition to exempt certain healthcare-related calls from the TCPA’s consent requirements. In this order, the Bureau breaks less new ground and instead reiterates that prior express consent must be obtained before a call (or text) is made and that the supposed value or “urgency” of the communication does not necessarily make it permissible.
Besides these two petitions, the Commission has nearly three dozen petitions pending before it on a variety of matters relating to exemptions from the TCPA’s consent requirements, the collection and revocation of consent, the “junk fax” provisions, and other questions raised by the flood of TCPA class action litigation in the last five years. If the FCC begins addressing these other pending petitions, the course of TCPA class action litigation could change significantly.
The FCBA Privacy and Data Security Committee will present a virtual CLE on Tuesday, April 21 from 3:00 – 5:20 p.m. entitled “Dealing with Robocalls: The Continued Battle Against Robocalls and Unfinished Business with the TCPA.” Join Kelley Drye Partner Steve Augustino and other industry experts as they discuss the TRACED Act, FCC robocall proceedings,…
The FTC and FCC have taken a number of actions to stem unlawful robocalls generally and, during the COVID-19 pandemic, to stem harmful and deceptive calls that seek to exploit the COVID-19 crisis. Even amid the backdrop of their long-standing commitment, the agencies’ most recent action stands out as an aggressive new approach to unlawful calls. On April 3, 2020, the enforcement arms of each agency jointly sent warning letters to three Voice over Internet Protocol (“VoIP”) service providers allegedly facilitating the transmission of international scam telemarketing calls originating overseas. The letters make an unprecedented demand: block the traffic of specific allegedly unlawful actors or have all of your traffic blocked by other carriers. In this post, we’ll take a look at this new approach, and discuss its relationship to the broader provisions of the Telephone Robocall Abuse Criminal Enforcement Act (“TRACED Act”), which institutes a number of measures designed to combat illegal robocalls.
Continue Reading FCC/FTC Stake out Aggressive Robocall Position, Tell Gateway VoIP Providers to Block COVID-19 Robocalls – or Be Blocked Themselves
The FCC plans to mandate that voice service providers adopt caller ID authentication technology to combat illegal “spoofing” and deregulate longstanding end-user access charges at its next meeting scheduled for March 31, 2020. Under the FCC’s proposal, voice service providers that originate or terminate calls would be required to employ STIR/SHAKEN technology (a framework of interconnected standards to authenticate phone calls as they are passed from carrier to carrier) in their networks no later than June 30, 2021, allowing them and other providers in the call chain to verify that calls are coming from the displayed caller ID number. The proposal would implement provisions of the recently-passed TRACED Act, which requires the FCC to kick off a multitude of near-term rulemakings and other actions aimed at addressing unlawful spoofing and robocalling operations. FCC Chairman Pai previously urged major providers to adopt STIR/SHAKEN technology voluntarily, but his assessment is that the voluntary approach did not move fast enough. In addition, the FCC anticipates launching a rulemaking to deregulate a host of end-user charges related to interstate access service and prohibit carriers from invoicing such charges through separate line items to simplify customer bills.
Although the March agenda is relatively light, the STIR/SHAKEN and access charge items could significantly impact provider costs, tariffing practices, and billing procedures. As a result, providers should closely examine the FCC’s proposals and get their input in early in light of the agency’s recent decision to restrict in-person meetings and expand telework in response to the coronavirus pandemic. You will find more information on the key March meeting items after the break:
On December 31, 2019, the most significant anti-robocall legislation in fourteen years was signed into law. The Pallone-Thune TRACED Act increases the penalties for transmitting illegal calls under the Telephone Consumer Protection Act (“TCPA”), extends the FCC’s statute of limitations for bringing some enforcement actions and eliminates the requirement to give warnings before issuing certain…