The Anti-Robocall Litigation Task Force (“Task Force”), a group of 51 state attorneys general that investigates and prosecutes companies that originate and/or transmit illegal robocalls, has commenced enhanced enforcement of federal and state robocall mitigation laws, targeting several voice service providers (“VSPs”) for allegedly violating those rules.
In this month alone, the Task Force sent Notices to 37 VSPs detailing the results of its investigations, most of which involve one or more of the following purported violations:
- originating and/or transmitting calls while failing to file a certification and robocall mitigation plan in the FCC’s Robocall Mitigation Database (“RMD”);
- accepting and transmitting calls from VSPs that fail to file a certification and robocall mitigation plan in the RMD;
- originating and/or transmitting calls without being responsive to traceback requests; and/or
- accepting and transmitting calls from VSPs that fail to respond to traceback requests.
The Notices further state that the Task Force has notified the Federal Communication Commission’s (“FCC”) Enforcement Bureau, other law enforcement entities, and downstream carriers of the alleged violations. Consequently, the subject VSPs could be exposed to further enforcement actions, substantial fines, and blocked calls.
As we have discussed in previous client advisories, the FCC is rigidly enforcing its robocall mitigation rules. And now the Task Force has stepped up its enforcement of federal and state laws targeting illegal robocalls as well. Accordingly, it is critically important that all VSPs be aware of the rules and assiduously comply with them. In addition to the legal and regulatory penalties that could be levied on non-compliant VSPs, public exposure of rule violations will invariably hurt VSPs’ business reputations.
The CommLaw Group Can Help!
The CommLaw Group is happy to advise on best practices for robocall mitigation and STIR/SHAKEN compliance, as well as assisting you with same. Due to the FCC’s rapidly changing robocall mitigation rules and policies, and enforcement of same by other entities such as the Task Force, VSPs should stay informed of all aspects of the moving target. For example, the FCC has noted that many VSPs have outdated robocall mitigation plans on file in the RMD and will soon be notifying those carriers of their alleged rule violations. Moreover, new regulations will soon be effective, including the requirement that each VSP have a carrier specific Do Not Originate list. With each new rule comes new enforcement efforts, and it behooves VSPs to stay abreast of those rules to avoid being caught in the ever expanding robocall enforcement dragnet.
While our current clients are not implicated in robocall investigations, we remain ready to vigorously represent them in other matters and to assist any new clients who may be facing such investigations. Accordingly, if you would like additional information and/or regulatory updates tailored to the needs of your company, please contact one of our attorneys below, who will gladly provide additional information on signing up for these updates.
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: 703-714-1300 / 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