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TCPA Regulatory Update — Commission Signs Memorandum of Understanding with Australian Communications Authority

As part of its efforts to combat illegal robocalls, the FCC signed the “Mutual Assistance in the Enforcement of Laws on Certain Unlawful Communications” Memorandum of Understanding (“MOU”) with the Australian Communications and Media Authority (“ACMA”). In the MOU the parties agree to “work together to develop and coordinate a global approach to addressing unlawful robocalls or robotexts, and the unlawful use of inaccurate caller ID information or ‘spoofing.’” Specifically, the MOU:

“[S]ets forth the Participants’ intent with regard to mutual assistance and the exchange of information for the purpose of enforcing and securing compliance with Covered Violations.” The term Covered Violations is defined to include “practices that would, based on available information, violate or likely violate the Applicable Laws of one Participant’s country and that are substantially similar to practices prohibited by any provision of the Applicable Law of the other Participant’s country.”

Recognizing that “[r]obocall scams are a global problem that require global commitment and cooperation,” Acting FCC Chairwoman Jessica Rosenworcel said that, “[w]ith these irritating calls coming from near and far, we need international cooperation, information sharing, and enforcement to address this matter. I want to thank our Australian friends for working with us on this agreement. By joining together we can help get these scammers off of our networks and protect consumers and businesses around the world.” Her Australian counterpart, ACMA Chair Nerida O’Loughlin, agreed, noting that unlawful robocalls have “significant social and economic impact on consumers.”


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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.