FCC Passes New Robocall Relief Efforts with Mixed Reception

Although new robocall relief has been announced, critics say these new methods may not provide much help to consumers.

The Federal Communications Commission has proposed new rules to help protect consumers from harassing robocalls. The new rules would allow wireless carriers such as Sprint and Verizon to install robocall blocking technology as a default. Currently, consumers have to opt into these services if they want additional protection from spam calls.

FCC Chairman Ajit Pai wrote an editorial in USA Today praising the new measures. Pai says that these new proposed changes would greatly reduce the number of robocalls that consumers deal with.

“I’m optimistic that the strong FCC proposal to allow these calls to be blocked by default will help get us there — and hasten the end to what one former senator rightly called the “scourge of civilization’,” Pai wrote.

However, some are less optimistic about the changes. Tech Dirt criticizes the new robocall relief plan, arguing that it has “no real teeth”. While the new measures would allow wireless carriers to better protect their consumers, there is reportedly no verbiage in the changes which would require these companies to add the robocall protections.

Although Pai has reportedly said that the FCC will crack down on wireless companies who do not provide these new protections, Tech Dirt says that Pai’s FCC has not stood up to carriers on these issues since he was appointed by President Trump two years ago. The site argues that, while threats of “regulatory action” are well and good, Pai may not follow through.

A former FCC lawyer reportedly told Tech Dirt that the changes are not all that dramatic and do not make many changes from the previous FCC administration in the Obama era.

“We said in 2015 that the carriers incurred no legal liability for allowing consumers to use robocall blocking technology,” the lawyer told Tech Dirt. “Here, Pai is saying that the carriers won’t incur liability for blocking robocalls by default. So I suppose it’s a bit stronger, but not by much.”

As it stands, the largest source of robocall relief is found in the federal Telephone Consumer Protection Act (TCPA) which is enforced by the FCC. TCPA was passed by Congress in 1991 to protect consumers from harassing telemarketing calls.

Since the law’s inception, the protections have been expanded numerous times to prohibit more harassing telemarketing behaviors above robocalls. Now, TCPA prohibits placing robocalls, using an autodialing system and/or prerecorded voice, sending spam texts, sending junk faxes, calling or texting numbers on the National Do Not Call Registry, calling outside of certain hours, and more.

In 2012, large changes were made to TCPA to help protect consumers better. Under these changes, businesses are required to obtain prior express written consent before placing robocalls or sending spam texts. Additionally, businesses are not exempt from TCPA regulations just because they have a prior business relationship with consumers. Finally, businesses are now required to provide an opt-out message during telemarketing communications so consumers can easily and immediately stop receiving calls and messages.

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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This article is not legal advice. It is presented
for informational purposes only.