The Anti-Robocall Litigation Task Force ("Task Force"), a group of 51 state attorneys general that investigates and prosecutes companies that originate and/or transmit illegal robocalls, has commenced enhanced enforcement of federal and state robocall mitigation laws, targeting several voice service providers ("VSPs") for allegedly violating those rules.
In this month alone, the Task Force sent Notices to 37 VSPs detailing the results of its investigations, most of which involve one or more of the following purported violations:
- originating and/or transmitting calls while failing to file a certification and robocall mitigation plan in the FCC's Robocall Mitigation Database ("RMD");
- accepting and transmitting calls from VSPs that fail to file a certification and robocall mitigation plan in the RMD;
- originating and/or transmitting calls without being responsive to traceback requests; and/or
- accepting and transmitting calls from VSPs that fail to respond to traceback requests.
The Notices further state that the Task Force has notified the Federal Communication Commission's ("FCC") Enforcement Bureau, other law enforcement entities, and downstream carriers of the alleged violations. Consequently, the subject VSPs could be exposed to further enforcement actions, substantial fines, and blocked calls.
As we have discussed in previous client advisories, the FCC is rigidly enforcing its robocall mitigation rules. And now the Task Force has stepped up its enforcement of federal and state laws targeting illegal robocalls as well. Accordingly, it is critically important that all VSPs be aware of the rules and assiduously comply with them. In addition to the legal and regulatory penalties that could be levied on non-compliant VSPs, public exposure of rule violations will invariably hurt VSPs' business reputations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
