The Federal Communications Commission (FCC) has adopted new rules (Rules) to tighten the requirements for the Robocall Mitigation Database (RMD) filings, aiming to improve compliance and increase awareness of provider responsibilities in protecting consumers from illegal robocalls.
New Requirements and Revised Penalties
Annual Certification and Filing Fees
- An annual re-certification of the accuracy of submissions will be required on or before March 1 (it is possible that the first re-certification filing will need to take place in 2025 if the rule goes into effect before March 1, 2025).
- $100 initial RMD filing and annual RMD recertification fees are required.
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- Any minor changes to the RMD filing will not require a filing fee at this time.
- Under the red-light rule, the Commission will not process RMD filings by parties that owe non-tax debt to the Commission.
Information Updates and Penalties
- It is now mandatory that any updates to company information submitted to CORES (the entity’s name, entity type, contact name and title, address, valid email address, and taxpayer identifying number) be updated in the CORES within 10 days of the changes.
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- Please note that all filers in the RMD must already update their RMD filings (including the STIR/SHAKEN certification and robocall mitigation plan) within 10 business days of any changes.
- Base fines have been adopted and will be assessed on a continuing violation basis:
- $10,000 for submitting false or inaccurate information in the RMD.
- $1,000 for failure to update information in the RMD within 10 days of a change.
Enhanced RMD Security and Oversight
The FCC’s Wireline Competition Bureau is tasked with implementing several measures to improve the database’s reliability and security, including:
- Establishing a dedicated mechanism for the public to report deficient RMD filings.
- Issuing additional guidance and “best practices” for filers.
- Implementing two-factor authentication protocols for RMD access.
Declined Proposals
The FCC’s final decision notably excluded several measures it had previously proposed, including those our firm successfully opposed on behalf of the VoIP Alliance for Fair Regulations (VAFR).
These proposals included:
- Requiring filers to obtain a PIN for submitting to the Robocall Mitigation Database (RMD).
- Mandating the use of specific software or technical solutions to validate RMD filing data against external sources and flag discrepancies for FCC review.
- Permitting the blocking of RMD filings deemed facially deficient.
- Restricting the scope of confidentiality requests.
These results highlight the critical importance of active participation in regulatory proceedings. Our advocacy for VAFR demonstrates how strategic engagement can shape meaningful regulatory outcomes.
If you are interested in influencing future FCC rulemakings, we invite you to join the VoIP Alliance for Fair Regulations. This coalition offers a united platform for industry stakeholders to advocate for balanced, effective, and practical VoIP regulations.
Context and Enforcement
The FCC’s action comes with strong support from 47 Attorneys General and follows a recent enforcement action against 2,411 non-compliant companies. The timing of this rulemaking suggests the Commission’s bipartisan commitment to rigorous enforcement and stringent robocall mitigation policy.
Effective Dates
- The new base fines will go into effect 30 days after the Rules’ publication in the Federal Register.
- The new RMD filing fees will become effective after the requisite notice is provided to Congress, the FCC’s information technology systems and internal procedures are updated , and the Commission publishes notice(s) in the Federal Register announcing the effective date of such rules.
- The new requirement to update the CORES filings within 10 days of any changes and annually recertify the RMD filings will become effective after review by the U.S. Office of Management and Budget.
We will notify our readers of the effective dates once they become available.
Conclusion
These new rules represent a significant tightening of the regulatory framework surrounding robocall mitigation. Providers should review their current practices, ensure they have robust processes in place for maintaining accurate database filings, and stay informed about any additional guidance issued by the FCC. Failure to comply could result in substantial fines and potential removal from the RMD, which could impact a provider’s ability to operate in the U.S. market.
We recommend that clients ensure their RMD filing and contact information are up-to-date and clients closely monitor FCC communications for further details on implementation timelines and any additional guidance. Our firm stands ready to assist with compliance efforts and to address any questions regarding these new requirements.
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
Susan Duarte – Tel: 703-714-1318 / E-mail: sfd@commlawgroup.com
Rob Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com
Ron Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com
Diana James – Tel: 703 663-6757 / E-mail: daj@CommLawGroup.com
