Report on Robocalls
CG Docket No. 17-59
A Report of the Consumer and Governmental Affairs Bureau
Federal Communications Commission
February 2019
Report
on
Robocalls
CG
Docket
No.
17-59
A
Report
of
the
Consumer
and
Governmental
Affairs
Bureau
Federal
Communications
Commission
February
2019
I.
EXECUTIVE SUMMARY
1.
The Consumer and Governmental Affairs Bureau (Bureau) of the Federal
Communications Commission (Commission) has prepared this Staff Report (Report) on illegal robocalls
in consultation with the Federal Trade Commission's (FTC's) Bureau of Consumer Protection. This
Report fulfills a Commission directive to describe "both the progress made by industry, government, and
consumers in combatting illegal robocalls, and the remaining challenges to continuing these important
efforts." The Bureau released a Public Notice requesting data and information on call volumes and
trends in robocalls, on enforcement and remaining challenges, and on the progress and effect of robocall
initiatives among government, industry, and consumers. We received more than 40 comments from
voice service providers, trade associations, analytics companies, and consumers.
2.
Until recently, there were limited effective ways to stem the tide of unwanted robocalls.
Over the last two years, the Commission has taken a new approach to the problem: stopping unwanted
calls before they even reach consumers' phones. Since 2017, the Commission has enabled voice service
providers to block certain obviously-spoofed calls, authorized the creation of a reassigned numbers
database SO consumers do not get calls intended for others, and pushed the industry to implement Caller
ID authentication, a key to stopping spoofing. The Commission has also taken aggressive enforcement
action against pernicious robocallers.
3.
The Report describes those initiatives and progress toward protecting consumers from
illegal robocalls by industry, government, and others. It also examines the state of robocalling in the
United States by providing an overview of robocall regulations and types of robocalls, data on robocalls,
and trends in call volume and consumer complaints. Finally, the Report discusses the challenges that
remain.
II.
TYPES OF ROBOCALLS AND ROBOCALLERS
4.
Consumers frequently associate "robocalls" with annoying calls and, indeed, unwanted
calls are a perennial top consumer complaint. Accordingly, fighting illegal robocalls is a priority for both
the Commission and the FTC. And yet the term "robocall" covers a wide array of calls, many of which
are legal, such as school closing announcements and prescription or medical appointment reminders. We
thus caution that reports about and data related to robocalls, without detailed analysis, can blur the lines
between legal robocalls, both welcome and unwelcome, and illegal robocalls.
A.
Robocall Regulations
5.
The Commission and the FTC implement and enforce federal rules related to Caller ID
spoofing (which often accompanies and facilitates illegal robocalling), telemarketing practices, and calls
made with an autodialer or an artificial or prerecorded voice. We summarize these rules in the table
Advanced Methods to Target and Eliminate Unlawful Robocalls, Report and Order and Further Notice of Proposed
Rulemaking, 32 FCC Rcd 9706, 9727, para. 63 (2017) (Call Blocking Order). The Commission directed staff to
submit this report to the Commission one year from the order's publication. Id. That date, January 12, fell during
the partial government shutdown, which affected both the Commission and the FTC. Staff submitted this report as
soon as practicable after the agencies resumed their operations.
2 Advanced Methods to Target and Eliminate Unlawful Robocalls, Public Notice, DA 18-638 (CGB June 20, 2018).
3 The term "robocall" may have a different meaning in different contexts. See, e.g., Noble System Comments at 1-3;
ACA International Reply Comments at 3-4.
4 Spoofing occurs when the caller alters or manipulates the Caller ID information SO that the name or number
displayed to the called party does not match that of the actual subscriber or the actual originating number. We do
not address state laws herein.
2
I.
EXECUTIVE
SUMMARY
1.
The
Consumer
and
Governmental
Affairs
Bureau
(Bureau)
of
the
Federal
Communications
Commission
(Commission)
has
prepared
this
Staff
Report
(Report)
on
illegal
robocalls
in
consultation
with
the
Federal
Trade
Commission's
(FTC's)
Bureau
of
Consumer
Protection.
This
Report
fulfills
a
Commission
directive
to
describe
"both
the
progress
made
by
industry,
government,
and
consumers
in
combatting
illegal
robocalls,
and
the
remaining
challenges
to
continuing
these
important
efforts."
The
Bureau
released
a
Public
Notice
requesting
data
and
information
on
call
volumes
and
trends
in
robocalls,
on
enforcement
and
remaining
challenges,
and
on
the
progress
and
effect
of
robocall
initiatives
among
government,
industry,
and
consumers.
We
received
more
than
40
comments
from
voice
service
providers,
trade
associations,
analytics
companies,
and
consumers.
2.
Until
recently,
there
were
limited
effective
ways
to
stem
the
tide
of
unwanted
robocalls.
Over
the
last
two
years,
the
Commission
has
taken
a
new
approach
to
the
problem:
stopping
unwanted
calls
before
they
even
reach
consumers'
phones.
Since
2017,
the
Commission
has
enabled
voice
service
providers
to
block
certain
obviously-spoofed
calls,
authorized
the
creation
of
a
reassigned
numbers
database
SO
consumers
do
not
get
calls
intended
for
others,
and
pushed
the
industry
to
implement
Caller
ID
authentication,
a
key
to
stopping
spoofing.
The
Commission
has
also
taken
aggressive
enforcement
action
against
pernicious
robocallers.
3.
The
Report
describes
those
initiatives
and
progress
toward
protecting
consumers
from
illegal
robocalls
by
industry,
government,
and
others.
It
also
examines
the
state
of
robocalling
in
the
United
States
by
providing
an
overview
of
robocall
regulations
and
types
of
robocalls,
data
on
robocalls,
and
trends
in
call
volume
and
consumer
complaints.
Finally,
the
Report
discusses
the
challenges
that
remain.
II.
TYPES
OF
ROBOCALLS
AND
ROBOCALLERS
4.
Consumers
frequently
associate
"robocalls"
with
annoying
calls
and,
indeed,
unwanted
calls
are
a
perennial
top
consumer
complaint.
Accordingly,
fighting
illegal
robocalls
is
a
priority
for
both
the
Commission
and
the
FTC.
And
yet
the
term
"robocall"
covers
a
wide
array
of
calls,
many
of
which
are
legal,
such
as
school
closing
announcements
and
prescription
or
medical
appointment
reminders.
We
thus
caution
that
reports
about
and
data
related
to
robocalls,
without
detailed
analysis,
can
blur
the
lines
between
legal
robocalls,
both
welcome
and
unwelcome,
and
illegal
robocalls.
A.
Robocall
Regulations
5.
The
Commission
and
the
FTC
implement
and
enforce
federal
rules
related
to
Caller
ID
spoofing
(which
often
accompanies
and
facilitates
illegal
robocalling),
telemarketing
practices,
and
calls
made
with
an
autodialer
or
an
artificial
or
prerecorded
voice.
We
summarize
these
rules
in
the
table
Advanced
Methods
to
Target
and
Eliminate
Unlawful
Robocalls,
Report
and
Order
and
Further
Notice
of
Proposed
Rulemaking,
32
FCC
Rcd
9706,
9727,
para.
63
(2017)
(Call
Blocking
Order).
The
Commission
directed
staff
to
submit
this
report
to
the
Commission
one
year
from
the
order's
publication.
Id.
That
date,
January
12,
fell
during
the
partial
government
shutdown,
which
affected
both
the
Commission
and
the
FTC.
Staff
submitted
this
report
as
soon
as
practicable
after
the
agencies
resumed
their
operations.
2
Advanced
Methods
to
Target
and
Eliminate
Unlawful
Robocalls,
Public
Notice,
DA
18-638
(CGB
June
20,
2018).
3
The
term
"robocall"
may
have
a
different
meaning
in
different
contexts.
See,
e.g.,
Noble
System
Comments
at
1-3;
ACA
International
Reply
Comments
at
3-4.
4
Spoofing
occurs
when
the
caller
alters
or
manipulates
the
Caller
ID
information
SO
that
the
name
or
number
displayed
to
the
called
party
does
not
match
that
of
the
actual
subscriber
or
the
actual
originating
number.
We
do
not
address
state
laws
herein.
2
below. Beyond these, industry-specific laws can apply to specific calls, such as the Fair Debt Collection
Practices Act. 5
Selected Federal Robocalls Laws and Rules
Law/Rules
Enforcing
Types of Calls Covered
Agency
Telephone Consumer
FCC
Restricts certain calls made using an artificial or prerecorded voice to
Protection Act (TCPA)
residential lines; certain calls made using an artificial or prerecorded
and FCC Rules6
voice or an automatic telephone dialing system to wireless telephone
numbers; and certain telemarketing calls.7
2009 Truth in Caller ID
FCC
Prohibition on the knowing transmission of misleading or inaccurate
Act (TICIDA)8
Caller ID information "with the intent to defraud, cause harm, or
wrongfully obtain anything of value."
Do Not Call
FTC, FCC
Authorizes the FTC to collect fees for the implementation and
Implementation Act
enforcement of a Do Not Call Registry. Telemarketers must consult the
(DNCIA)9
National Do Not Call Registry before calling. 10 Requires that "the
Federal Communications Commission shall consult and coordinate with
the Federal Trade Commission to maximize consistency with the rule
promulgated by the Federal Trade Commission." ll
Telemarketing
FTC
Prohibits deceptive and abusive telemarketing acts or practices.
Consumer Fraud and
Abuse Prevention Act
(Telemarketing Act) and
Telemarketing Sales
Rule ¹2
B.
Robocallers
6.
Many legitimate businesses and institutions use robocalls to convey information their
customers want in a cost-effective manner. Robocalls can reach large numbers of people quickly, making
them particularly appealing for conveying time-sensitive information to large groups. For example,
pharmacies notify patients when their medications need to be refilled; schools notify parents of delays or
closings; utility companies notify customers of service interruptions; and banks notify customers of
possible fraudulent activity on their accounts. The same characteristics that make robocalls appealing to
businesses also make them appealing to scammers. Those seeking to defraud consumers can do SO
5 15 U.S.C. §§ 1692-1692p.
6 The TCPA is codified at 47 U.S.C. § 227. The Commission's implementing rules are codified at 47 CFR
§ 64.1200.
7
47 U.S.C. § 227(b)(1)(A)-(B), (c); 47 CFR § 64.1200 (a)(1)-(3), (c)(2), (d).
8
The Truth in Caller ID Act is codified at 47 U.S.C. § 227(e).
9
The Do Not Call Implementation Act is codified at 15 U.S.C. § 6101.
10 Consumers may add their residential or personal wireless phone numbers to the National Do Not Call Registry to
opt out of telemarking calls. As of October 1, 2003, it became illegal for most telemarketers or sellers to call a
number listed on the National Do Not Call Registry. Federal Trade Commission, National Do Not Call Registry,
https://www.donotcall.gov/faq/faqbusiness.aspx (last visited Feb. 5, 2019).
11
Do Not Call Implementation Act, 117 Stat. 557 § 3.
12 The Telemarketing Act is codified at 15 U.S.C. 6101-6108. The body of regulations adopted by the FTC to
implement the Telemarketing Act is known as the Telemarketing Sales Rule. 16 CFR § 310.
3
below.
Beyond
these,
industry-specific
laws
can
apply
to
specific
calls,
such
as
the
Fair
Debt
Collection
Practices
Act.
5
Selected
Federal
Robocalls
Laws
and
Rules
Law/Rules
Enforcing
Types
of
Calls
Covered
Agency
Telephone
Consumer
FCC
Restricts
certain
calls
made
using
an
artificial
or
prerecorded
voice
to
Protection
Act
(TCPA)
residential
lines;
certain
calls
made
using
an
artificial
or
prerecorded
and
FCC
Rules6
voice
or
an
automatic
telephone
dialing
system
to
wireless
telephone
numbers;
and
certain
telemarketing
calls.7
2009
Truth
in
Caller
ID
FCC
Prohibition
on
the
knowing
transmission
of
misleading
or
inaccurate
Act
(TICIDA)8
Caller
ID
information
"with
the
intent
to
defraud,
cause
harm,
or
wrongfully
obtain
anything
of
value."
Do
Not
Call
FTC,
FCC
Authorizes
the
FTC
to
collect
fees
for
the
implementation
and
Implementation
Act
enforcement
of
a
Do
Not
Call
Registry.
Telemarketers
must
consult
the
(DNCIA)9
National
Do
Not
Call
Registry
before
calling.
10
Requires
that
"the
Federal
Communications
Commission
shall
consult
and
coordinate
with
the
Federal
Trade
Commission
to
maximize
consistency
with
the
rule
promulgated
by
the
Federal
Trade
Commission." ll
Telemarketing
FTC
Prohibits
deceptive
and
abusive
telemarketing
acts
or
practices.
Consumer
Fraud
and
Abuse
Prevention
Act
(Telemarketing
Act)
and
Telemarketing
Sales
Rule ¹2
B.
Robocallers
6.
Many
legitimate
businesses
and
institutions
use
robocalls
to
convey
information
their
customers
want
in
a
cost-effective
manner.
Robocalls
can
reach
large
numbers
of
people
quickly,
making
them
particularly
appealing
for
conveying
time-sensitive
information
to
large
groups.
For
example,
pharmacies
notify
patients
when
their
medications
need
to
be
refilled;
schools
notify
parents
of
delays
or
closings;
utility
companies
notify
customers
of
service
interruptions;
and
banks
notify
customers
of
possible
fraudulent
activity
on
their