ARM Industry Concerns Left Unaddressed
- Consent requirements to use an auto dialer, prerecorded message, or artificial voice when contacting a consumer using their cellular number;
- Revocation of consent requirements to use an auto dialer, prerecorded message, or artificial voice when contacting a consumer using their cellular number;
- The definition of an automatic telephone dialing system (ATDS) and its alter ego, a manual contact system; and
- Transferability of consent when a carrier reassigns a mobile number from one person to another.
Summary of the TRACED Act’s Key Provisions
- Stopping Robocalls — The TRACED Act directs the FCC to take final action on its June 2019 Declaratory Ruling on Advanced Methods to Target and Eliminate Unlawful Robocalls.
- SHAKEN/STIR — Service providers are required to implement SHAKEN/STIR, or Signature-based Handling of Asserted Information Using toKENs (SHAKEN) and the Secure Telephone Identity Revisited (STIR). These are authentication protocols for digitally validating a phone call as it passes through the complex web of telecom networks, allowing phone providers to verify that the call is actually coming from the party that appears to be placing the call.
- Monetary Penalties — The FCC is authorized to assess penalties of up to $10,000 per call for violation with intent.
- Statute of Limitations — The statute of limitations for a general violation is one year, while the statute of limitations for violation with intent is four years.
- Protections from Spoofed Calls — The TRACED Act instructs the FCC to enact a rulemaking to “help protect a subscriber from receiving unwanted calls or text messages from a caller using an unauthenticated number.”
- Report on Reassigned Number Database — Within a year of the date of enactment, the FCC must give a report to Congress on its progress in implementing its proposed official database of reassigned phone numbers.
- Protection from One-Ring Scams — The FCC is required to “initiate a proceeding to protect called parties from one-ring scams.”
5 Things You Must Do to Mitigate Your Risks
- Enhance consent and revocation of consent documentation per consumer and per number.
- Establish a process to pull reports on caller ID display on all outbound calls.
- Ensure outbound calls are made using numbers associated with the proper company.
- Monitor and analyze fraud and scam scores assigned by carriers to your outbound calls.
- Ensure all outbound calls comply with state, Federal, and client call restrictions.
Disclaimer: Ontario Systems is a technology company and provides this blog article solely for general informational and marketing purposes. You should not rely on the content of this material for any other purpose or as specific guidance for your company. Ontario Systems’ advice, services, tools and products described herein do not guarantee compliance with any law or industry standard. You are ultimately responsible for your own company’s actions and compliance efforts. Because everyone’s situation is different, you must consult your own attorneys, accountants, and/or other advisors to obtain specific advice on your company’s compliance, legal, tax, regulatory and/or other business needs. Despite Ontario Systems’ efforts to provide current and up-to-date information, you need to recognize that the information contained herein may become outdated quickly and may contain errors and/or other inaccuracies.
© 2020 Ontario Systems, LLC. All rights reserved. Information contained in this document is subject to change. Reproduction of this publication is not permitted without the express permission of Ontario Systems, LLC.
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