(Robo)Call Me Maybe: Robocalls to Wireless Phones Under the Telephone Consumer Protection Act

"Robocalls—calls placed using an automated dialing system or artificial or prerecorded voice—are on the rise. Advances in technology have made it cheaper and easier than ever to dial millions of consumers’ numbers in infinitesimal periods of time. Furthermore, with more consumers using their wireless phones as their primary, or only, contact number, the invasiveness of robocalls has increased because callers may now reach consumers wherever they go.

Enacted in 1991, the Telephone Consumer Protection Act (TCPA), as amended, is one of the primary federal statutes addressing robocalls to wireless phones. Other statutes, such as the Telemarketing Consumer Fraud and Abuse Prevention Act of 1994, also address phone calls consumers may consider intrusive, but are outside the scope of this sidebar. The TCPA vests the Federal Communications Commission (FCC) with authority to interpret and enforce the TCPA. In 2015, the FCC issued an order (2015 Order) interpreting certain aspects of the TCPA as they relate to robocalls. Recently, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit), in ACA International v. Federal Communications Commission, overturned certain FCC interpretations of the scope and application of the TCPA in the 2015 Order. This sidebar briefly describes the provisions of the TCPA relating to robocalls and the 2015 Order, analyzes the D.C. Circuit’s decision, and addresses the FCC’s reaction to the decision and potential considerations for Congress..."
Robocalls

FTC Warns Hurricane Victims About Flood Insurance Robocall Scam

"The Federal Trade Commission is warning consumers about a flood insurance scam targeting those that have been affected by Hurricane Harvey. According to the Federal Emergency Management Agency (FEMA), homeowners and renters are getting fraudulent robocalls telling them their flood premiums are past due.

Don’t respond to these robocalls.

If you have flood insurance and you’re not sure what to do, read this FTC blog post: Hurricane Harvey scams: Callers lie about flood insurance.

If you suspect fraud, call the FEMA Disaster Fraud Hotline toll free at 1-866-720-5721. Also report it to the FTC. Your reports help the FTC and other law enforcement agencies bring scam artists to justice and put an end to unfair and misleading business practices.

For information about how to help victims, and for dealing with and recovering from the storm, read FTC Advice for Helping Hurricane Harvey Victims..."
Flood insurance scams

FTC Announces New Robocall Contests to Combat Illegal Automated Calls

"The Federal Trade Commission announced today that it is launching two new robocall contests challenging the public to develop a crowd-source honeypot and better analyze data from an existing honeypot. A honeypot is an information system that may be used by government, private and academic partners to lure and analyze robocalls. The challenges are part of the FTC’s long-term multi-pronged effort to combat illegal robocallers and contestants of one of the challenges will compete for $25,000 in a top prize.

As part of Robocalls: Humanity Strikes Back, the FTC is asking contestants to create a technical solution for consumers that will identify unwanted robocalls received on landlines or mobile phones, and block and forward those calls to a honeypot. A qualifying phase launches today and runs through June 15, 2015 at 10:00 p.m. ET; and a second and final phase concludes at DEF CON 23 on Aug. 9, 2015..."Robocall contests

FTC Offers Consumers Tips on How to Respond to Unwanted Robocalls

"Illegal pre-recorded "robocalls" are a growing annoyance for millions of American consumers and the target of an enforcement crackdown by the Federal Trade Commission. What should you do when you get one of these calls? Today, the FTC issued tips for consumers, as well as two new consumer education videos explaining robocalls and describing what consumers should do when they receive one. The agency also is hosting a robocall summit later this year to develop new strategies to stop illegal robocalls..."

FTC Takes Action to Stop Massive Robocalling Operations

"As part of the Federal Trade Commission's ongoing efforts to crack down on illegal, prerecorded "robocalls," the FTC is taking legal action to stop two operations that allegedly enabled telemarketers to place hundreds of millions of illegal prerecorded calls to consumers around the country, including many who had registered their phone numbers on the National Do Not Call Registry.

The FTC's complaints in both cases allege that the defendants offered "self-service" voice broadcasting – a service that makes it easy for marketers who have no telecommunications expertise to deliver tens of millions of robocalls for pennies a call. The defendants arranged for marketers to deliver prerecorded sales pitches by uploading a recorded message and list of telephone numbers through web sites owned by the defendants that would then dial each uploaded phone number and play the designated prerecorded message..."