TCPA Tracker - August 2021

• Published date: 26 August 2021
• Subject Matter: Consumer Protection, Media, Telecoms, IT, Entertainment, Mobile & Cable Communications, Dodd-Frank, Consumer Protection Act
• Law Firm: Kelley Drye & Warren LLP
• Author: Kelley Drye & Warren LLP

Recent News

FCC Opens Proceeding to Determine if VoIP Providers Should Have Additional Anti-Robocall Obligations

On August 6, 2021, the FCC adopted a Further Notice of Proposed Rulemaking to consider additional anti-robocall requirements for interconnected VoIP provider that seek direct access to telephone numbers. Among the changes, the FCC proposes to require interconnected VoIP provider seeking access to numbers to "certify that it will use numbering resources lawfully; will not encourage nor assist and facilitate illegal robocalls, illegal spoofing, or fraud; and will take reasonable steps to cease origination, termination, and/or transmission of illegal robocalls once discovered." Comments on this proposal will be due 30 days after publication of the FNPRM in the Federal Register.

CGB Issues its Second Annual Report on the Status of the Implementation of Call Blocking Technologies

On June 29, 2021 the FCC's Consumer and Government Affairs Bureau released a Second Call Blocking Report, as required by the 2019 Call Blocking Declaratory Ruling. This Report, a follow up to the June 2020 First Call Blocking Report, provides (1) a detailed description of call blocking services offered by voice service providers, third-party analytics companies, and device manufactures (2) an in-depth evaluation of the effectiveness of call blocking tools (3) information on the state of deployment of caller ID authentication through implementation of the STIR/SHAKEN framework and (4) an analysis of the impact of call blocking on 911 services and public safety.

FCC Adopts Rules to Create an Online Portal for Private Entities to Report Robocall Violations

On June 17, 2021 the FCC's Enforcement Bureau released a Report and Order implementing section 10(a) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), which directs the Commission to "prescribe regulations to establish a process that streamlines the ways in which a private entity may voluntarily share with the Commission information relating to violations of section 227(b) or 227(e) of the Communications Act." The Report and Order establishes procedures for private entities may submit information about suspected robocall and spoofing violations. The rules do not supplement the complaint procedures available to consumers, and thus the portal is not open for consumer complaints of illegal robocalls. Similarly, government entity reports of robocall or spoofing violations should be submitted via other methods as well.

FCC Issues Further Notice of Proposed Rulemaking for Implementing STIR/SHAKEN

On May 20, 2021 the FCC's Wireline Competition Bureau released a Third Further Notice of Proposed Rulemaking (FNPR) to consider accelerating its STIR/SHAKEN requirements for a subset of small voice service providers believed to be likely to originate illegal robocalls. In its Second Caller ID Authentication Report and Order, the FCC granted some small voice service providers an additional two years to implement the STIR/SHAKEN caller ID authentication framework. According to the FCC, a subset of these providers is originating an increasingly disproportionate amount of illegal robocalls. The NPRM outlines a proposal to "shorten the extension for small voice service providers most likely to originate illegal robocalls by one year, so that such providers must implement STIR/SHAKEN in the IP portions of their networks no later than June 30, 2022." It also seeks comments on (1) "how best to identify and define the subset of small voice service providers that that are at a heightened risk of originating an especially large amount of illegal robocall traffic" and (2) "whether to adopt additional measures, including data submissions, to facilitate oversight to ensure...