On December 30, President Trump signed S. 151—the “Telephone Robocall Abuse Criminal Enforcement and Deterrence Act” (TRACED Act)—which, among other things, grants the FCC authority to promulgate rules to combat illegal robocalls and requires voice service providers to develop call authentication technologies. The TRACED Act, Public Law No. 116-105, also directs the FCC to issue regulations to ensure that banks and other callers have effective redress options if their calls are erroneously blocked by call-blocking services.
Highlights of the TRACED Act include:
- STIR/SHAKEN implementation. Within 18 months of enactment, the FCC must require voice service providers to implement “STIR/SHAKEN” caller ID authentication framework protocols at no additional charge to consumers. Providers will be required to adopt call authentication technologies to enable telephone carriers to verify the authenticity of the calling party’s calls. (Previously covered by InfoBytes here.)
- Increased enforcement authority. The FCC will be able to levy civil penalties of up to $10,000 per violation, with additional penalties of as much as $10,000 for intentional violations. The TRACED Act also extends the window for the FCC to take enforcement action against intentional violations to four years.
- FCC requirements. The TRACED Act directs the FCC to (i) initiate a rulemaking to protect subscribers from receiving unwanted calls or texts from callers who use unauthenticated numbers; (ii) initiate a proceeding to protect parties from “one-ring” scams “in which a caller makes a call and allows the call to ring the called party for a short duration, in order to prompt the called party to return the call, thereby subjecting the called party to charges”; (iii) submit annual robocall reports to Congress; and (iv) establish a working group to issue best practices to prevent hospitals from receiving illegal robocalls.
- Agency collaboration. The TRACED Act directs the DOJ and the FTC to convene an interagency working group comprised of relevant federal departments and agencies, such as the Department of Commerce, Department of State, Department of Homeland Security, FTC, and CFPB, which must consult with state attorneys general and other non-federal entities, to identify and report to Congress on recommendations and methods for improving, preventing, and prosecuting robocall violations.
- Criminal prosecutions. The TRACED Act encourages the DOJ to bring more criminal prosecutions against robocallers.
Earlier on December 20, the FCC issued a public notice seeking industry input on current practices for blocking unwanted calls as part of a study required by last June’s declaratory ruling and proposed rulemaking (covered by InfoBytes here; Federal Register notice here). The FCC will use the information collected in an upcoming report on the current state of call blocking efforts. Comments will be accepted until January 29, and reply comments are due on or before February 28.