Hefty Fines On The Way For The Robocaller!

February 17, 2020March 4, 2022

Companies who possess machines that initiate robocalls and/or employ workers running robocall equipment…Be on warning!! There are very GOOD days ahead for the citizen, but a lot of framework to be done to put the robocallers out of business once and for all after the new the Pallone-Thune TRACED Act was passed late last year. In addition to possible jail time, there is a maximum $10,000 fine for EACH count (each call is a separate count). Also, in addition the just robocalls, the Do-Not-Call registry is being re-organized and re-instituted. There will be penalties there as well. What companies do you think are going to go into business enforcing these new rules? The same companies that have been enforcing red-light cameras are in this brand new breaking ground industry. The legitimate companies are very prudent at enforcing the law. They know a lot of legal avenues to not only get these robocall cronies out of the business, but land them with a lot of litigation. They mean business! So if you or anyone you know is in the business of robocalling or soliciting against the Do-Not-Call registry, I suggest that you get out of the business, because it is now very illegal to knowingly initiate any automated call without the express permission of the receiving end of the call that is being placed. One company, of which I am now evaluating, is offering these robocallers to settle for $3,000 per offense to save them money to settle off the whole $10,000 fines. This is going to be VERY serious, but the citizens of this country have gone absolutely insane…not to mention that we have been exposed to even endangered situations whereby an emergency call couldn’t be initiated because a robocall was coming in at the same time. At the same time, all telephone carriers will be instituting the STIR/SHAKEN protocol into the telephone networks for better protection.

Here is a brief timeline of what the New Robocall Law is going on with the new laws:

Deadline	Description of Obligation
03/30/2020 (90 days)	The FCC establishes rules of the registration process for the private consortium to conduct efforts to trace back the illegal robocalls to their placement or source.
04/28/2020 (120 days)	The FCC must initiate a process protecting consumers from all “one-ring scams”.
09/25/2020 (270 days)	FCC must prescribe regulations implementing new provisions imposing the increased penalties for robocalls and/or spoofed calls. The Department of Justice must establish an agency to review barriers to initiate enforcement of robocall and/or spoofed calls with a set of rules.
12/30/2020 (1 year)	The FCC must issue practices for the implementation of the SHAKEN/STIR act framework, and report to Congress: the status of effort to protecting consumers from “one-ring scams” the status of the reassigned number database for safe harbor implementation of the SHAKEN/STIR efficacy.
12/30/2020 (1 year)	The FCC must establish rules and put into effect a process when calls may be blocked in an orderly fashion whereby opt-out/opt-in rules are adhered to and also provide a means for inadvertent blocking of calls and/or the mis-identification of calls, etc. It also must develop process for providing transparency on blocked calls, and allow redress for callers being blocked, and that calls originating from carriers exempted from the authentication requirements. Also, very importantly a process whereby emergency calls are never blocked.
06/30/2021 (18 months)	Carriers must be in full compliance of SHAKEN/STIR. The deadline does not apply if the carrier adopted the process by the 12 month deadline, and will have fully implemented it within 18 months.