Thread: FCC Moves to Prevent Robocalls and Spam Texts

FCC Moves to Prevent Robocalls and Spam Texts

Under new plan, phone carriers can block robocalls and automated text messages to cellphones and landlines



ENLARGE
Federal Communications Commission Chairman Tom Wheeler said the agency receives more complaints about robocalls than about any other issue. PHOTO: LAUREN VICTORIA BURKE/ASSOCIATED PRESS

By GAUTHAM NAGESH
June 18, 2015 4:30 p.m. ET 7 COMMENTS

WASHINGTON—The Federal Communications Commission on Thursday adopted a rule giving telephone companies wider latitude in preventing robocalls and spam text messages to consumers on both landline and wireless phones.

Automated calls and spam texts remain a major annoyance for consumers, agency officials say, despite the creation of a national “Do Not Call List” by the FCC and the Federal Trade Commission.

FCC Chairman Tom Wheeler said the agency receives more complaints about robocalls than about any other issue, fielding more than 215,000 such complaints in 2014.

Under the new rule, phone carriers can block robocalls and automated text messages if requested by consumers. The move clarifies the agency’s interpretation of a 1991 consumer protection law that banned telemarketers from making cold calls to consumers. Companies have skirted that ban by using automated dialing machines, prerecorded calls and text messages. The new rule makes it clear that texts are the same as phone calls, and that phone carriers may block robocalls to consumers if asked.

“The American public has asked us—repeatedly—to do something about unwanted robocalls. Today we help Americans hang up on nuisance calls,” Mr. Wheeler said.

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The rule also expands consumers’ ability to opt out of a marketer’s calls.

Under the existing rules, telemarketers need consent before targeting consumers’ wireless phones for nonemergency calls that are autodialed or prerecorded. They also need consent before targeting landline customers with prerecorded telemarketing calls.

The new rule would require companies to allow consumers to revoke that consent more easily than they can now. Also, if a number has changed hands, companies only get one chance to stop calling the new user before facing penalties.

“This is critical because we have heard from consumers that getting stuck with a reassigned number can lead to horrible consequences,” Mr. Wheeler said.

The FCC’s two Republican commissioners opposed the move, arguing that it goes too far and will prevent companies that use robocalls and autodialers for legitimate purposes, like taxi companies notifying consumers their cab is on the way. “Nobody is for abusive robocalling, but I think it goes far beyond where they tried to go,” Commissioner Michael O’Rielly said.

The rule includes some exceptions: The action allows health-care providers and banks to alert consumers to possible fraud in their bank accounts, or remind them of important medication refills without their prior consent. Other types of financial and health-care calls, such as marketing or debt collection, aren’t allowed under those narrow exemptions.

Consumers can also opt out of those permitted calls and texts at any time, but Commissioners Jessica Rosenworcel and Ajit Pai said the exemptions for health-care providers and banks allow robocallers to keep targeting consumers. “I do not support creating such a loophole,” Mr. Pai said.

Consumers Union and other consumer advocacy groups praised the FCC’s crackdown.

“Americans have had enough with robocalls that ring off the hook all day long, and often target them with the latest scams,” said Tim Marvin, Consumers Union’s End Robocalls campaign manager.

“Today’s FCC vote means the phone companies should stop stalling and start providing their customers with free tools to block these calls.”

USTelecom, a trade group representing the phone industry, expressed support but cautioned that the problem will likely continue.

“Unfortunately, there is no single technological solution to solving this problem, particularly given the recent widespread abuse of spoofed numbers by robocallers,” said Jonathan Banks, the group’s senior vice president, referring to the practice of making a fake number appear legitimate on caller ID.

http://www.wsj.com/articles/fcc-move...xts-1434659448

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Know Your Rights

The federal government's Do Not Call (DNC) Registry allows you to permanently restrict telemarketing calls by registering your phone number at donotcall.gov or by calling 1-888-382-1222. If you receive telemarketing calls after your number has been in the national registry for 31 days, you can file a complaint using the same web page and toll-free number.

The Federal Trade Commission advises that you can register cell phone numbers on the DNC Registry to notify telemarketers that you don't wish to receive unsolicited telemarketing calls.

Placing your number on this national registry will stop most telemarketing calls, but not all of them. Calls that are still permitted include those from:

• Political Organizations
• Charities
• Telephone surveyors
• Some insurance situations
• Organizations with which you have a relationship

A Federal Trade Commission rule defines what telemarketers can and cannot do when making a sales call. Callers must:

• Provide the seller's name.
• Disclose that the call is a sales call.
• Tell you exactly what they're trying to sell.
• Disclose the total cost and other terms of sale before you make any payment for the goods or services
• Tell you if they don't allow refunds, exchanges or cancellations

If a prize is involved, the caller must give you the odds of winning, inform you that no purchase is necessary, and tell you how to get instructions for entering without buying anything. It's illegal for telemarketers to:

• Misrepresent what they're offering.
• Call before 8 am or after 9 pm
• Threaten, intimidate or harass you, or call again if you ask them not to.

This FTC rule applies even when you receive a call from a telemarketer in another state or country. It also applies if you make a call to a company in another state or country in response to a mail solicitation.

The rule generally does not apply when you call to order from a catalog or in response to an ad on television or radio, or in a magazine or newspaper. It also does not apply to solicitations you receive by fax or e-mail. Be aware that certain types of businesses, including nonprofit organizations, investment brokers and advisors, banks and financial institutions, are exempt from the rule.

If you get a phone call from someone who says they are with your bank and/or credit company and they ask you to provide or confirm any personal information:

• Do NOT answer any questions.
• Hang up immediately.
• Call your bank or credit company directly and tell them what happened.

How To File A Complaint About A Sales Call

If you think a sales call is in violation of the Federal Trade Commission rule and want to file a complaint, use the online resource.


Text Message Spam

Spam text messages can be annoying, but did you know they are illegal? Some common scams use text message spam to lure you into revealing personal information in exchange for a “free gift”, like a gift card or vacation package.

How it works: In order to collect your gift, the message will instruct you to reply to the text with your personal information such as a bank account or your social security number. The spammer may charge your bank account so you can claim your “free gift” that you will probably never receive. In certain situations, spammers then sell your personal information to outside parties, leaving you vulnerable to identity theft.

Take these steps to limit your chances of getting scammed:

• Register your number on the National Do Not Call List.
• Delete spams messages.
• Never click on links provided in spam messages. Links often carry malware or send you to fake websites.
• Never reply to these texts or give out your personal information.
• Report the text spam to your cell phone carrier by forwarding the message to 7726 (SPAM).
• Report any unwanted commercial text messages to the Federal Trade Commission.

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Page Last Reviewed or Updated: May 28, 2015

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