The Federal Communications Commission (FCC) has announced a significant settlement with an Internet Protocol Captioned Telephone Service (IP CTS) provider, CaptionCall, LLC, and its parent company, Sorenson Communications, LLC. The consent decree follows an investigation into the companies’ violation of the FCC’s rules banning the retention of call content beyond the duration of a call and the submission of inaccurate information to the Telecommunications Relay Service (TRS) Fund Administrator.
Background
TRS uses technology and/or Communications Assistants (CAs) to enable consumers who are deaf, hard of hearing, deafblind, or have speech disabilities to utilize the telecommunications system to make and receive calls. IP CTS is a form of this service that enables persons who are hard of hearing to use a device that displays captions during a call.
The FCC’s TRS rules prohibit CAs from disclosing or keeping records of the content of any conversation beyond the duration of a call and, with limited exceptions, from intentionally altering a relayed conversation. In addition to establishing the requirement for TRS providers to maintain the confidentiality of relayed conversations, the Commission has adopted rules to protect TRS users’ privacy, user data, and the integrity of the TRS Fund.
CaptionCall’s Violation and Settlement
The FCC’s Enforcement Bureau found that CaptionCall’s noncompliance reports included, among other things, (i) the improper retention of call content beyond the duration of the call, (ii) failure to send required account change notifications to some customers in a timely manner, and (iii) seeking and receiving compensation from the TRS Fund for minutes that were ineligible for compensation.
As part of the settlement, CaptionCall has agreed to implement a comprehensive compliance program, which includes:
- Conducting a data inventory
- Implementing a data retention schedule
- Investing in privacy-enhancing technologies (PETs)
- Providing educational resources for consumers
Breakdown of the Settlement:
- Total financial settlement: Approximately $34.6 million
- Components of the settlement:
- $4 million for privacy and data protection enhancements
- $5 million civil penalty
- $12 million reimbursement to the Telecommunications Relay Service (TRS) Fund
- $13.6 million relinquishment of IP Captioned Telephone Service (IP CTS) reimbursement claims
Implications for Telecommunications Relay Service Providers:
This settlement highlights the FCC’s increased focus on privacy and data protection, especially for services catering to consumers with disabilities. TRS providers, in particular, are expected to take additional precautions due to their access to sensitive call content.
FCC Chairwoman Jessica Rosenworcel emphasized the agency’s dedication to ensuring equal privacy protections for consumers with disabilities. The settlement reflects the work of the FCC’s Privacy and Data Protection Task Force, established in 2023, which takes a holistic approach to addressing privacy concerns for all consumers, including those with disabilities.
Key Takeaways:
- Companies providing telecommunications relay services should review their data retention practices and privacy protocols.
- Implementing comprehensive privacy and data protection programs is crucial to avoid potential regulatory action.
- The FCC is likely to continue its vigilance in this area, potentially leading to more enforcement actions.
Companies operating in the telecommunications sector, particularly those providing services to consumers with disabilities, should carefully review their privacy and data protection practices in light of this settlement. Our firm is available to provide comprehensive compliance support with regard to digital accessibility laws, as well as assist in evaluating compliance measures and implementing robust privacy protection programs.
NEED HELP WITH DIGITAL ACCESSIBILITY AND PRIVACY COMPLIANCE?
The CommLaw Group Can Help!
If your company has questions about its digital accessibility or data privacy obligations compliance, please contact us:
Michal Nowicki – Tel: 703-714-1311 / E-mail: mjn@commlawgroup.com
Linda McReynolds – Tel: 703-714-1318 / E-mail: lgm@commlawgroup.com
Diana James – Tel: 703-663-6757 / E-mail: daj@commlawgroup.com
