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Robocall

FCC Hears Hawaiian Struggles with Robocalls, Spoofing

Hawaii official estimates that 10 million spoofed and robocalls go unreported.

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Lyle Ishida, FCC’s chief of consumer affairs and outreach division

WASHINGTON, November 3, 2021 – The Federal Communications Commission held a webinar Thursday to field concerns and raise awareness of the agency’s efforts to stifle robocalls and spoofing in Hawaii, hearing that such illegal activity is still very active on the island state.

The FCC has been on pushing publicity on the need for telecommunications companies to put in place measures to tackle illegal robocalls and scammers who mask their caller ID numbers to get unsuspecting Americans to pick up the phone. That is part of the new STIR/SHAKEN rules, the deadline for which went into effect in late June for large telecoms. (Smaller telecoms currently have an expected compliance deadline of June 2022, but there is a fight to extend the deadline for some providers.)

Lyle Ishida, FCC’s chief of consumer affairs and outreach division, hosted the webinar alongside Hawaiian reporter, Diane Ako and heard that Hawaiians face a number of malicious phone scams, including one that ostensibly originates from the island’s criminal justice data center.

Stephen Levins, the executive director of Hawaii’s Office of Consumer Protection, spoke of the ways scammers deceive consumers. Levins spoke of strategies as common as a caller asking for a social security number, to complex schemes where callers specifically target Asian Americans by impersonating Amazon workers, police departments and financial institutions. “It’s happening on a daily basis in Hawaii,” Levins said.

Underreported calls mask Hawaii’s robocall problem

Levins said he estimated that 10 million unreported spoofs or robocalls reached Hawaiian citizens in September alone, which makes it appear that the island state doesn’t have as big a problem nationally as it actually does.

Keyla Hernandez-Ulloa, associate chief of the FCC’s Consumer Affairs and Outreach Division, spoke at length about the work her organization does to combat spoofing and robocalls, not just in Hawaii, but nationally. “The FCC knows these calls are an area of concern for millions of Americans,” she said.

Thursday’s webinar was also another example of the FCC driving up its engagement with local officials to ensure they are up to speed on what the agency is doing. FCC Chairwoman Jessica Rosenworcel has spoken about outreach as a priority for the agency to ensure its message gets to local communities, especially those who need funds for broadband expansion.

Robocall

Rosenworcel Calls on Congress for Expanded Robocaller Enforcement Protocols

The chairwoman seeks increased authority over autodialers and the ability for the FCC to take robocallers to court.

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Photo of FCC Chairwoman Jessica Rosenworcel

WASHINGTON, May 27, 2022 –Federal Communications Commission May 19, Chairwoman Jessica Rosenworcel called for legislation from Congress that would increase her agency’s authority to act against robocallers.

At the agency’s May 19 open meeting, the chairwoman asked for those increased powers to go after autodialers and for the FCC to be given the ability to take robocallers to court after they are fined by the agency –  rather than delegating that responsibility to the Department of Justice.

The definition of autodialers is hotly debated, particularly following the Facebook, Inc. v. Duguid ruling of the Supreme Court in April 2021, and which designated autodialers as those robocallers operating from a device that has the capacity to either store a phone number using a random or sequential number generator or to produce a phone number using a random or sequential number generator.

A previously court-held definition of autodialers that others believe to be more accurate stated the only defining criterion for an autodialer is that it must have the capacity to “store numbers to be called” and “to dial such numbers automatically.”

This change in definition by the Supreme Court lessens the FCC’s authority to target autodialers, targeting which is also not provided for by the agency’s STIR/SHAKEN protocols which prevent robocallers from lying to phone owners via caller identification about the station the robocalls originate from.

Rather, the 1991 Telephone Consumer Protection Act governs regulation of autodialers and the court’s narrowing of actors it applies to decreases the FCC’s regulatory jurisdiction.

2019’s Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act further forms the FCC’s framework for enforcement against robocallers and autodialers.

Also at Thursday’s meeting, Rosenworcel said the commission would require gateway providers, the first U.S.-based provider of robocalls that originate internationally, to perform more authentication measures and certify FCC robocall mitigation plans, and highlighted a study which found that a large portion of robocalls come from abroad.

“We can make it more difficult for these illegal and unwanted calls to hit our networks, we will be much closer to winning our fight,” said Rosenworcel.

“By requiring gateway providers to provide more authentication and the SIP calls in the caller I.D. field.”

The commission adopted a further notice of proposed rulemaking seeking comments on non-internet protocol authentication methods.

Earlier Thursday, the commission announced new partnerships with nine state attorneys general to combat illegal robocalls, raising the number of states participating in the effort to 36.

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Robocall

Lawmakers, FCC Take More Action Against Illegal Robocallers

There are new proposed rules that offer legal protections to those aiding in enforcement efforts against illegal robocalls.

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Rep. Bob Latta, the primary sponsor of the Robocall Trace Back Enhancement Act

WASHINGTON, April 27, 2022 – Regulators and legislators in Washington continued their efforts to curb unlawful telephony use with proposed rules designed to crack down robocalls.

On Wednesday, Rep. Bob Latta, R-Ohio, introduced the Robocall Trace Back Enhancement Act – an amendment to the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act.

If signed into law, the bill would provide legal immunity for a broad range of entities engaging in private efforts to track, surveil, and report on illegal robocalling scams.

The protected parties include registered consortiums that handle call receiving, sharing, and publishing and all voice service providers and any informants that share covered information.

It would also grant the Federal Communications Commission jurisdiction to take enforcement actions based on the information collected during the aforementioned activities.

FCC measures on cease-and-desist letters

In addition to this legislation, as part of her agenda to combat scam calls, on April 26 FCC Chairwoman Jessica Rosenworcel proposed closing a loophole to the STIR/SHAKEN regime afforded to small telcos.

Most telcos are required to adhere to cease-and-desist orders regarding illegal spam-calls and generally comply with actions taken by the FCC. The loophole in question gave smaller telcos greater latitude in how they chose to respond to FCC requests.

If adopted, the proposed regulation would require small telcos to abide by cease-and-desist orders, participate in robocall mitigation, cooperate with FCC enforcement, and take responsibility for facilitating illegal robocall traffic.

“International robocallers use these gateways to enter our phone networks and defraud American consumers,” Rosenworcel said in a statement, “We won’t allow them to bypass our laws and hide from enforcement.”

The new rule will be voted on at the FCC’s open meeting on May 19.

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Robocall

FCC Announces Majority of States Now Signed Onto Robocall Investigation Partnership

The FCC signed on five states this month and seven last month.

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Illustration from C-Zentrix

WASHINGTON, April 7, 2022 – The Federal Communications Commission said Thursday it has partnered with further five more state attorneys general to combat illegal robocalls.

The agency said Thursday it had signed on Alaska, California, Tennessee, Pennsylvania and Washington state to investigate the robocalls, which can lead to scams. Thursday’s news comes on the heels of a March 28 announcement, when the agency said it signed similar memorandum of understanding with Connecticut, the District of Columbia, Idaho, Kentucky, Minnesota, New Jersey, and Wyoming.

Altogether, the agency, which announced the federal-state partnership effort in February, said it has signed on the majority of the United States.

“It shows that we are united when it comes to fighting robocalls—urban, rural, north, south, east, and west,” said FCC Chairwoman Jessica Rosenworcel. “Today I invite every state and U.S. territory to join this effort and establish information sharing and cooperation structures with the FCC so we can work together to investigate and put an end to spoofing and robocall scam campaigns.”

The agency, which has made fighting illegal robocalls a key mandate, has previously credited states with catching those that allow robocalls.

Earlier this month, the FCC credited the North Carolina Department of Justice in an investigation that identified thinQ Technologies as a “facilitator” of robocalls. The agency, which is working with the Traceback Consortium to identify the culprits, has already sent more than a dozen cease and desist letters to those it has identified in investigations.

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