FTC Implements Extensive Program to Prevent Illegal Robocalls Originating Overseas: Gateway VoIP Providers Are Targeted for Enforcement Actions
The Federal Trade Commission (“FTC”) Tuesday issued a Press Release announcing its Project Point of No Entry (“PoNE”) program, aimed at preventing foreign-originated illegal robocalls from reaching U.S. consumers. PoNE is targeted at gateway voice over internet protocol (“VoIP”) providers. A gateway provider is a U.S.-based intermediate carrier that has facilities in the U.S. and receives calls directly from a foreign carrier and transmits the calls downstream to another U.S.-based provider.
Specifically, the FTC, through PoNE: (a) identifies gateway providers that are routing or transmitting illegal call traffic; (b) notifies them to cease doing so; and (c) conducts monitoring to pursue and prosecute noncompliant providers, including commencing enforcement investigations and filing lawsuits when appropriate.
The FTC is collaborating with the Federal Communications Commission (“FCC”), the Industry Traceback Group (“ITG”), and states attorneys general to collectively identify and take action against gateway providers that enable illegal robocall activity. Moreover, in order to help educate the public against robocall scams, the FTC is making available to the public recordings of illegal robocalls that gateway providers have allowed into the country through links to “PoNE Letters” on its website.
The stepped-up robocall mitigation enforcement by multiple agencies vividly illustrates the need for gateway providers to be compliant with the applicable laws and regulations. As delineated in our previous Client Advisory, the FCC has imposed robocall mitigation regulatory requirements on gateway providers. Any provider that is not compliant should take immediate action to ensure that its service meets all the FCC requirements. The compliance deadlines are listed in this FCC Public Notice.
NEED HELP WITH ROBOCALL MITIGATION, COMPLIANCE AND LITIGATION SUPPORT/DEFENSE AGAINST BUSINESS & LEGAL CHALLENGES?
The CommLaw Group Can Help!
Given the complexity and evolving nature of the FCC’s rules, regulations and industry policies & procedures around Robocall Mitigation and Compliance issues (e.g., Stir/Shaken, TRACED Act, FCC Rules & Regulations, US Telecom Industry group, ATIS, NECA, VoIP Numbering Waivers, Know Your Customer and the private sector ecosystem), as well as the increased risk of business disputes, consumer protection enforcement by state attorneys general, and even civil litigation, and anticipating the potential torrent of client questions and concerns, The CommLaw Group formed a “Robocall Mitigation Response Team” to help clients (old and new) tackle their unique responsibilities.
CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS
Michael Donahue — Tel: 703-714-1319 / E-mail: mpd@CommLawGroup.com
Rob Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com
Ron Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com