FCC Chairman Pai Proposes Measures to Reduce Unwanted Robocalls

Last week, FCC Chairman Ajit Pai proposed the implementation of a reassigned number database in an effort to reduce unwanted robocalls. According to the FCC's press release for this proposal, Commissioner Pai, "[Calls] on his fellow Commissioners to approve a reassigned number database. This database would help legitimate callers know whether telephone numbers have been reassigned to somebody else before calling those numbers so they can direct their calls to parties who asked for them rather than individuals who have subsequently obtained those reassigned numbers. Second, he is proposing to make clear that wireless providers are authorized to take measures to stop unwanted text messaging through robotext-blocking, antispoofing measures, and other anti-spam features." Learn more about robocalling laws, cell phone telemarketing rules, and autodialer laws.

Read the FCC's press release about this proposal here. Read the FCC's related report and order here.

FCC Eliminates Requirement for Opt-Out Notices on Solicited Faxes

On November 14th, the FCC struck down a rule that required opt-out notices to be included on faxes that were sent with the prior consent of the fax recipient. According to the order, the FCC, "[Takes] this action in response to the decision of the Court of Appeals for the D.C. Circuit finding that the rule 'is unlawful to the extent that it requires opt out notices on solicited faxes.' We also dismiss as moot ten pending petitions for retroactive waiver of the rule and two petitions for reconsideration of orders enforcing the rule."

Read a copy of this FCC order here. To understand more about telemarketing regulations, consult with a telemarketing lawyer, TCPA attorney, telemarketing law firm, or telemarketing attorney. Make sure you don't forget to obtain proper telemarketing licenses and telemarketing registrations in the appropriate states.

TRACED Act

A bipartisan bill titled, "Telephone Robocall Abuse Criminal Enforcement and Deterrence Act" (TRACED Act) was introduced in Congress this month. The bill would amend the Communications Act of 1934, which is the same act that the TCPA falls under. The key aspects of the TRACED Act are as follows:

• Requires that telephone service providers implement "an appropriate and effective call authentication framework in the internet protocol networks of voice service providers." 
• Requires the FCC to initiate a rule-making initiative to help protect a subscriber from receiving "unwanted calls or texts messages from a caller using an unauthenticated number."
• Creates an inter-agency working group to study government prosecution of telemarketing violations. The group would include representatives from the Department of Justice, Department of Commerce, Department of State, Department of Homeland Security, FCC, FTC, and CFPB.
• Authorizes the FCC to impose a fine of up to $10,000 against businesses or individuals that violate the TRACED Act. The FCC already has authority under the TCPA to impose fines of up to $16,000, so this new authority would be giving the agency a second umbrella under which they could impose fines. 

While this bill would certainly give the FCC more enforcement power in the telemarketing world, it's important not to overreact to any individual bill or court ruling at this time. The now conservative-leaning FCC is currently reevaluating how they will be interpreting the TCPA in wake of the ACA v. FCC decision last March. Court decisions regarding the TCPA and the definition of ATDS/Autodialers have been piling up on both sides of the aisle since then as well. The dust from ACA v. FCC has clearly not settled yet, and likely won't for at least a few more months. Regardless of the outcome, businesses can stay safe by following telemarketing rules such as only calling and texting with proper, well-documented consent, honoring all opt-out requests immediately, resisting the urge to over-dial, and frequently auditing telemarketing practices for telemarketing law compliance. Read the full text of the TRACED Act here.

FTC Settles Charges With Student Loan and Mortgage Debt Relief Company

The FTC has settled charges against a student loan relief company over allegations that they, "bilked millions of dollars out of consumers by falsely claiming to be affiliated with the federal government." The settlement includes a judgment of over $9 million, although the majority of that penalty will be suspended once the defendants turn over assets valued around $300,000. Read the FTC's press release here.