Media Contact: 
Will Wiquist, (202) 418-0509
will.wiquist@fcc.gov

For Immediate Release

FCC FINES CALIFORNIA TELEMARKETER NEARLY $10 MILLION FOR SPOOFED ROBOCALLS THAT TARGETED A STATE ASSEMBLY CANDIDATE
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WASHINGTON, November 18, 2020—The Federal Communications Commission today imposed a $9,997,750 fine on a San Diego-based telemarketer for making 47,610 unlawful, spoofed robocalls over a two-day period shortly before California’s 2018 primary election.  Kenneth Moser and his company, Marketing Support Systems, unlawfully spoofed a competitor’s telephone number when transmitting the prerecorded voice calls containing false accusations against a candidate for the California State Assembly. 

The Truth in Caller ID Act prohibits manipulating caller ID information, or spoofing, with the intent to defraud, cause harm, or wrongfully obtain anything of value.  In this case, Moser spoofed his robocalls to appear as if they had originated from a different telemarketing company, HomeyTel, with the intent to cause harm to HomeyTel and others.  As a result of these calls, HomeyTel, which advertises that it provides legal robocalling services to political candidates, received a multitude of angry complaints from consumers who received the calls and a cease-and-desist letter from the candidate. 

The calls took place on May 30 and 31, 2018, about one week prior to the primary election and made allegations which had already been investigated and disproven by the San Diego County Sheriff’s Department.  The California Secretary of State referred a complaint about the matter to the FCC’s Enforcement Bureau, which investigated the calls.  Today’s Forfeiture Order follows a Notice of Apparent Liability adopted and announced by the Commission in December 2019.

Action by the Commission November 18, 2020 by Forfeiture Order (FCC 20-163).  Chairman Pai, Commissioners Carr, Rosenworcel, and Starks approving.  Commissioner O’Rielly approving in part and dissenting in part.  Chairman Pai, Commissioners O’Rielly and Rosenworcel issuing separate statements.

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Media Relations: (202) 418-0500 / ASL: (844) 432-2275 / Twitter: @FCC / www.fcc.gov 

This is an unofficial announcement of Commission action.  Release of the full text of a Commission order constitutes official action.  See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974).