As previously advised by our firm, starting today, all U.S. voice service providers, gateway providers, and intermediate providers must block traffic from any providers not registered in the Robocall Mitigation Database. This requirement is mandated by the FCC to combat illegal robocalls and ensure network integrity.
Key Requirements:
- Registration and Certification: All U.S. voice service providers, gateway providers, and intermediate providers must have an up-to-date certification and a robocall mitigation plan filed with the FCC. This requirement applies to all providers, regardless of their obligation to implement STIR/SHAKEN protocols.
- No Safe Harbor for Small Providers or Resellers: There is no exemption for small providers or pure resellers. Sole reliance on an upstream provider for robocall mitigation is not considered compliant.
- Updated Disclosures: The Robocall Mitigation Database filing must include newly mandated disclosures by the FCC. Failing to update these filings in 2024 could be perceived as noncompliance by the FCC.
Enforcement Actions: The FCC has actively targeted service providers with inadequate certifications and robocall mitigation plans, as seen in enforcement actions taken in February and March of this year. It is expected that the FCC will continue these efforts. We strongly advise against waiting for the FCC to identify noncompliance, as remediation at that stage may be too late.
Consequences of Noncompliance: Under the FCC’s rules, if a provider is removed from the Robocall Mitigation Database, intermediate providers and other voice service providers are required to block the traffic from the removed provider. Reinstatement after removal is both costly and time-consuming, potentially taking up to a year, during which the provider would be unable to operate.
Conclusion
We urge our clients to conduct thorough due diligence on their service provider partners, both upstream and downstream, to ensure that all parties exchanging or handling traffic are registered in the Robocall Mitigation Database. If your partners are not compliant, seek legal counsel to determine your obligations to block traffic and the potential commercial implications of compliance with FCC rules. Additionally, ensure that your own registrations, certifications, and robocall mitigation plans are up-to-date and fully compliant.
NEED HELP WITH ROBOCALL MITIGATION, COMPLIANCE AND LITIGATION SUPPORT/DEFENSE AGAINST BUSINESS & LEGAL CHALLENGES?
The CommLaw Group Can Help!
Given the complexity and evolving nature of the FCC’s rules, regulations and industry policies & procedures around Robocall Mitigation and Compliance issues (e.g., Stir/Shaken, TRACED Act, FCC Rules & Regulations, US Telecom Industry group, ATIS, NECA, VoIP Numbering Waivers, Know Your Customer and the private sector ecosystem), as well as the increased risk of business disputes, consumer protection enforcement by state attorneys general, and even civil litigation, and anticipating the potential torrent of client questions and concerns, The CommLaw Group formed a “Robocall Mitigation Response Team” to help clients (old and new) tackle their unique responsibilities.
CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS
Michael Donahue — Tel: 703-714-1319 / E-mail: mpd@CommLawGroup.com
Rob Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com
Ron Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com
Diana James – Tel: 703 663-6757 / E-mail: daj@CommLawGroup.com
