As delineated in a letter dated January 24, 2023 (“Letter”) from the Federal Communications Commission’s (“FCC”) Enforcement Bureau (“Bureau”) to Twilio, Inc. (“Twilio”), the Bureau has obtained evidence that Twilio has apparently been originating illegal robocalls on behalf of one of its customers. The Bureau has instructed Twilio to take immediate action to investigate the situation and stop originating the unlawful calls. If Twilio does not promptly comply with the Bureau’s orders, the Bureau may take action that could result in downstream providers permanently blocking all Twilio-originated calls and removal of Twilio from the FCC’s Robocall Mitigation Database (“Database”).

The ramifications of such actions could have devastating consequences on all voice carriers that rely on Twilio to provide traffic to their networks and sign their calls as required by the FCC’s robocall mitigation rules. FCC rule 64.1200(k)(4) permits intermediate and terminating carriers to block calls from an originating carrier if that carrier does not take robocall mitigation actions within 48 hours of being notified by the FCC of possible illegal robocalls originating on its network. Further, FCC rule 64.6305(e) requires downstream carriers to block calls from an originating carrier that is not registered in the Database.  

As stated in the Letter, Twilio has only until January 26, 2023 to stop the robocalls from the subject customer and notify the Bureau of its progress.The Bureau also ordered Twilio to, by February 8, 2023, inform the Bureau of additional steps it is taking to mitigate illegal robocalls going forward. If Twilio fails to take such actions to the Bureau’s satisfaction, Twilio’s calls will very likely be blocked permanently. Consequently, all carriers that utilize Twilio as their upstream carrier should take precautions to protect their operations in the event that the FCC imposes its threatened sanctions.

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