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TCPA Regulatory Update — Commission to Establish Online Robocall and Spoofing Information Portal

The Federal Communications Commission (“FCC”) plans to consider a measure that would create an online portal for private entities to submit information about suspected robocalling and caller ID spoofing violations directly to the Commission’s Enforcement Bureau. On May 27, the Commission released a draft of a Report and Order that, if adopted, would, in addition to establishing the portal, request but not require that submissions to the portal provide certain information about both the reporting entity and the alleged robocaller such as the name, contact information of the reporting entity, and information about the alleged violation, such as the date and time, or caller ID information displayed. The Report and Order would adopt rules that define “private entities” as entities other than an individual natural person or public entity (e.g., a federal, state or local government).

The Commission’s Report and Order would also seek to make clear that this new online portal would not take the place of the long-standing informal consumer complaint process. Rather, this portal would be exclusively for private entities to report concerns about alleged robocalls and spoofing.

The Commission’s Enforcement Bureau would be responsible for implementing the Report and Order following approval from the Office of Management and Budget. In addition, the Report and Order would direct the Enforcement Bureau to work closely with the Consumer and Governmental Affairs Bureau to share any submissions incorrectly submitted to the private entity portal by individuals. The Commission will consider the Report and Order at its June 17 Open Meeting.

 

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Monthly TCPA Digest — June 2021

June 15, 2021 |Article

Authors

Russell H. Fox is a wireless communications attorney at Mintz. He guides clients through federal legislative, regulatory, and transactional matters. Russell also participates in FCC proceedings, negotiates spectrum agreements, and represents clients in spectrum auctions.
Jonathan Garvin is an attorney at Mintz who focuses on legal challenges facing companies in the communications and media industries. He advises clients on transactional, regulatory, and compliance issues before the FCC involving wireless, broadband, broadcast, and cable matters.