Federal, state, and individual plaintiffs are aggressively combatting a single concern: rampant robocalls using VoIP and Cloud services. The single most important step any company can take is to consult with experienced telecom counsel.
The CommLaw Group’s “Robocall Mitigation Response Team” has the knowledge and experience of federal telemarketing law to help clients become and maintain compliant in the U.S. and internationally, identify risks, plan for cost-effective risk mitigation measures to support any defensive action, and red-flag issues surfacing in this rapidly changing federal, state, and local ecosystem.
The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages (robocalls). The rules apply to common carriers as well as to other marketers.
In 1992, the Commission adopted rules to implement the TCPA, including the requirement that entities making telephone solicitations institute procedures for maintaining company-specific do-not-call lists.
Recently, the FCC implemented STIR/SHAKEN, a technology framework designed to reduce fraudulent robocalls and illegal phone number spoofing. STIR stands for Secure Telephony Identity Revisited. SHAKEN stands for Secure Handling of Asserted information using toKENs.
State Attorneys General are aggressively pursuing VSPs for robocall violations, pushing compliance requirements, even beyond what the Federal Communications Commission (FCC) requires.
The most significant risk facing VSPs are the federal and state consumer protection policies and precedents being created through enforcement proceedings and litigation around robocall mitigation.
Mitigating illegal and unwanted robocall traffic from your network, as a call originator or reseller, requires a gap analysis of your policies, practices, procedures, and tools.
The FTC’s and some state AGs' robocall mitigation enforcement hinges on applying the “known or should have known” standard to determine whether a provider facilitated an illegal robocall.
Telecommunications providers are expected to use the FTC’s “Know Your Customer” (KYC) technology to verify the identities of their customers before doing business.
Providers may be held liable for failing to utilize KYC technology to mitigate illegal robocalls.
Non-facilities-based resellers must incorporate the required analytics in the IP portions of their networks to deploy the necessary STIR/SHAKEN capabilities.
Award-winning practice with unparalleled experience in the telecommunications sector, our clients include VoIP, wireless and traditional telecom companies, SaaS and cloud technologists, and nearly every imaginable business driving the digital revolution.
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Tysons, Virginia 22102
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