FCC Targeting Illegal Robocalls; O'Rielly Calls for Rethink on TCPA

The FCC approved an NPRM and notice of inquiry targeting “spoofed” robocalls Thursday, with support from all three commissioners. Chairman Ajit Pai is picking up where ex-Chairman Tom Wheeler left off, targeting the automated calls. The Pai FCC is charting a different course than the Wheeler FCC, which approved an order and declaratory ruling on implementation of the Telephone Consumer Protection Act in June 2015 over dissents by Pai and Commissioner Mike O’Rielly. Both Republicans were concerned the policy call would lead to more class-action lawsuits against legitimate businesses (see 1506180046).

O’Rielly said that unlike under the Wheeler, the current FCC is focusing on just “illegal” robocalls. The item evolved after it was circulated to make clear illegal calls are the sole focus, he said. “Unlike the prior commission whose misguided interpretations [of the TCPA] have exposed legitimate businesses to liability for trying to provide useful information that customers expect to receive, this item seeks comment on ways to stop actual bad actors from making calls to scam and defraud consumers.”

The agency should pursue illegal robocalls, many of which are made from overseas, “to the fullest extent of our authority,” O’Rielly said. Targeting calls from invalid numbers is easy, he said, and next comes the harder part, with the NOI seeking comment on other categories of calls that should be held to violate the TCPA. “The challenge here is finding the right criteria to capture illegal robocalls, without also blocking lawful calls if at all possible,” he said. “I hope that we receive a robust record.” O’Rielly said he won't support any rules that require providers to submit their proposed business practices to FCC staff for review. O’Rielly hopes the regulator will address its 2015 ruling.

Pai read from communications he received from the public complaining about illegal robocalls. “This is the Wild West, an area of lawlessness,” said an email read by Pai. “It's the FCC's job to find a solution. Please do it fast.” Millions of Americans are “fed up” with robocalls and he is, too, Pai said. “Robocalls are the No. 1 consumer complaint to the FCC from members of the American public, and it's no wonder,” he said. “Every month, U.S. consumers are bombarded with an estimated 2.4 billion robocalls.”

Too many Americans have been scammed the same way -- their phone rings and a voice says, “Can you hear me?” said Commissioner Mignon Clyburn. If you say yes, “your trouble potentially begins,” she said. “According to reports, this is how so many of our citizens, have been scammed in recent months. Without their knowledge, intent or consent, unsuspecting consumers are signed up for various products and services, such as a home alarm system or a cruise because they answered yes, to an unrelated question.”

“The FCC is seeking comment on rules that would codify the ‘Do-Not-Originate’ initiative proposed by the FCC and launched by the industry strike force, allowing the effort to continue to grow and help more consumers,” said a news release. “The proposed rules would allow carriers to block spoofed caller ID numbers associated with phone lines that do not actually dial out, without running afoul of FCC rules requiring carriers to complete all calls.” A test of the concept by members of the strike force reduced IRS scam calls by about 90 percent in Q3, the FCC said.

CTIA and USTelecom expressed general support for the FCC actions on robocalls. CTIA issued a blog post on carrier efforts to help consumers fight back.

“Last year, AT&T led the efforts of the Robocall Task Force, an industry-wide effort which developed concrete plans to accelerate the development and adoption of new tools and solutions,” emailed Joan Marsh, the company's senior vice president-federal regulatory. “The tremendous work of the group, which included more than 30 companies, continues today as led by a variety of industry associations, including USTelecom, CTIA and [the Alliance for Telecommunications Industry Solutions]. This new proceeding will help to foster ongoing industry efforts and will serve as a forum to educate consumers and update policymakers on the progress that is being made on this very complex and challenging issue.”