FCC Reassigned-Number Database Plan Generates Business Support, Telecom Concerns
An FCC proposal for a reassigned-number database drew a fair amount of backing and some resistance, in comments posted Thursday and Friday in docket 17-59 on a March Further NPRM (see 1803220028). Comcast, retailers, financial interests and an electric company group were among those supporting the proposal to create a database of reassigned numbers to help businesses reduce unwanted robocalls and liability under the Telephone Consumer Protection Act. Most telecom entities and some others were more skeptical or less enthusiastic, citing cost and other concerns, and backing market-based solutions and commission actions to address TCPA issues. There was much support for giving callers an effective TCPA liability safe harbor.
Comcast "strongly supports" FNPRM proposals to create "a comprehensive, centralized, Commission-designated database, and to encourage use of this resource by adopting a safe harbor" from TCPA liability. "Such measures would bring substantial and lasting benefits to legitimate businesses and consumers seeking to communicate with one another, and could be implemented in a manner that minimizes costs for the voice providers feeding information into the reassigned number resource and for callers seeking to access the resource," commented the cable company, which met with an aide to Commissioner Jessica Rosenworcel.
The National Retail Federation "strongly" supported an FCC conclusion that a reassigned-numbers database would benefit consumers and business callers. "Retailers continue to face excessive litigation over communications errors resulting from a wireless carrier’s unknown reassignment of a customer-provided mobile number to a new customer who then receives a call or text message at the same number which the store had prior consent to contact," it said. The Retail Industry Leaders Association "strongly supports the proposed solution, which would enable and encourage callers to honor consumers’ communications preferences and deliver desirable messages ... without risking unavoidable liability for calling numbers that they could not know had been reassigned."
The American Bankers Association urged a comprehensive database and "a more reasonable interpretation of the TCPA" regarding calls to reassigned numbers. The ABA said the database is still needed after a partial reversal by the U.S. Court of Appeals for the D.C. Circuit of an FCC's 2015 TCPA ruling in ACA International v. FCC, No. 15-1211 (see 1803160053). Other database supporters included the American Financial Services Association, the National Association of Federally-Insured Credit Unions, the Independent Community Bankers Association, the Consumer Mortgage Coalition, the Credit Union National Association, Quicken Loans, the Edison Electric Institute, and the A To Z Communications Coalition and the Insights Coalition (two groups concerned about TCPA litigation).
CTIA said the FCC should first resolve reassigned-number issues in the remand of ACA International (see 1805150014), given that market-based solutions are available. "Mandating a new database presents significant financial, operational, and technical challenges for providers, third-party vendors, and callers" without discernible consumer benefits, CTIA said. Incompas cited member concerns about database costs and "the overall effectiveness," and backed a CTIA appeal for a "comprehensive cost-benefit analysis." The American Cable Association, ATIS, CenturyLink, Neustar, NTCA, Voice on the Net Coalition also cited concerns, including about regulatory mandates.
ACA International is "unconvinced" a "reassigned numbers database is the most pressing, or only, solution to solving the many problems associated with illegal robocallers and the lack of clarity" regarding TCPA compliance. "A laser focus on enforcing the law against individuals and 'businesses' operating outside of the regulatory space is without question the best way to end abusive communications," ACA said. It sought action that "clearly delineates between highly regulated and legitimate businesses that are communicating with consumers with informational calls, as opposed to scammers and other illegal callers." However, the "concept of a reassigned number database that provides safe harbors to those acting responsibility could be beneficial to providing much needed relief from highly predatory and frivolous TCPA related class action litigation," it said. The Professional Association for Customer Engagement, Noble Systems and many others commented in the docket.