Regulatory enforcement priorities can vary greatly between individual states and between the states and the federal government. But as we have previously reported, there is one area where regulators across the board tend to come together: robocalls. Combatting unlawful calls has long been an important area for enforcement at both the state and federal level, and this cross-jurisdictional regulatory focus was highlighted again last week by back-to-back announcements by the Federal Communications Commission (FCC) and the Anti-Robocall Multistate Litigation Task Force (Task Force).
First, on August 6, the FCC’s Enforcement Bureau issued an order directing the removal of 185 companies from the Robocall Mitigation Database (RMD), where voice service providers, gateway providers, and non-gateway intermediate providers are required to submit information and certifications regarding their compliance with the FCC’s robocall rules. According to the order, the companies being removed “have deficient RMD certifications” and “failed to take remedial measures” after being notified by the Bureau of the deficiencies. The order further explains that following the removals, “[a]ll intermediate providers and voice service providers must cease accepting traffic from the Companies within two business days of the release date of this Order.”
The Task Force is headed by the bipartisan AGs of Indiana, North Carolina, and Ohio and consists of 51 State Attorneys General. On August 7, it announced Operation Robocall Roundup, an initiative to tamp down the flow of illegal robocalls across the country. As part of this effort, the Task Force sent warning letters to 37 voice service providers outlining concerns about potentially unlawful robocall traffic being transmitted over their networks and other possible non-compliance with the FCC’s robocall rules, such as failing to register in the FCC RMD, failing to file a plan describing how they will reduce illegal robocalls, and failing to respond to traceback requests. The letters request that the companies provide information to the Task Force within 21 days on how these issues would be addressed, but note that the states have not waived their right to an enforcement action. and the letters remind recipients that “originating and/or transmitting illegal robocalls are violations of the Telemarketing Sales Rule (“the TSR”), the Telephone Consumer Protection Act (“the TCPA”), and/or the Truth in Caller ID Act, as well as state consumer protection statutes.” The Task Force also announced that it sent letters to a large number of downstream service providers that “carry traffic on behalf of those 37 providers” to make them aware of the warning notices. Highlighting the cross-collaboration between state and federal regulators, several AGs referenced the FCC’s RMD removal order in their press releases, and the letters state that the AGs have reported their concerns to FCC counterparts.
These latest actions underscore the continued focus by both federal and state regulators on combating illegal robocalls, and demonstrates the importance of ensuring that all parties in the chain of communication are complying with applicable laws and regulations. They also demonstrate continued bipartisan coordination among the states and with the federal government, especially in enforcement areas of agreement such as robocalls.
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