On September 26, the FCC announced that it fined a telemarketer and associated companies more than $82 million for using allegedly illegal caller ID spoofing to market and generate leads for health insurance sales in violation of the Truth in Caller ID Act (the Act). The Act prohibits telemarketers from purposefully falsifying caller ID information with the intent to harm, defraud consumers, or wrongfully obtain anything of value. The FCC alleges that the telemarketer made more than 21 million robocalls with spoofed caller ID information, which makes it difficult for consumers to register complaints and for law enforcement to track and stop the illegal calls. According to the related Forfeiture Order (FCC 18-134), the FCC rejected the telemarketer’s argument that the value he received from the calls was not “wrongfully obtained,” concluding that the calls were placed without prior consent, including contacting consumers on the Do Not Call registry, and that the telemarketer knew the tactics he used to obtain the insurance leads were unlawful. The FCC also rejected the telemarketer’s request to reduce the penalty, stating “the proposed forfeiture of $82,106,000 properly reflects the seriousness, duration, and scope of [the telemarketer]’s violations.”
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FCC fines health insurance lead generator $82 million for spoofed robocalls
USA September 28 2018
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