Robocalls are one of the most annoying and harmful problems that consumers face today. They are unwanted and often fraudulent calls that try to scam, harass, or sell something to the recipients. To stop this menace, a new bill has been introduced in Congress that would increase the penalties for violators of the law that regulates telemarketing and automated calls. This article will explain what the bill is, what it aims to do, and how it could affect consumers and businesses.
What is the DO NOT CALL Act of 2023?
The DO NOT CALL Act of 2023 (Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2023) is a bipartisan bill that was reintroduced by Rep. David Kustoff (R-TN) and Rep. Deborah Ross (D-NC) on February 2, 2023. The bill is an amendment to the Telephone Consumer Protection Act of 1991 (TCPA), which is the main law that governs telemarketing and automated calls in the U.S.
The TCPA prohibits making unsolicited calls to consumers without their prior consent, unless the calls are for emergency purposes, informational purposes, or from exempt entities such as charities, political organizations, or surveyors. The TCPA also requires callers to identify themselves, provide a toll-free number for opting out, and honor the National Do Not Call Registry, which allows consumers to register their numbers to avoid telemarketing calls.
The DO NOT CALL Act of 2023 aims to strengthen the TCPA by imposing stricter penalties for those who violate its provisions. The bill would increase the fines and prison sentences for those who make illegal robocalls or spoof their caller ID information.
What are robocalls and spoofing?
Robocalls are automated calls that use a computerized system to dial large numbers of phone numbers and deliver a prerecorded or artificial voice message. Robocalls can be legal or illegal, depending on the purpose and consent of the call. Legal robocalls are those that have a legitimate reason to contact consumers, such as reminders from doctors, alerts from schools, or notifications from banks. Illegal robocalls are those that are made without the consent of the recipients, or that are intended to deceive, defraud, or harass them.
Spoofing is a technique that allows callers to manipulate their caller ID information to display a different number or name than the actual one. Spoofing can be used for legitimate purposes, such as protecting the privacy of callers, displaying a toll-free number for callbacks, or showing a local number for better response rates. However, spoofing can also be used for malicious purposes, such as impersonating legitimate entities such as government agencies, banks, or charities, or hiding the identity of scammers or telemarketers.
Robocalls and spoofing are often used together to increase the chances of consumers answering the phone or falling for scams. For example, a scammer may use a spoofed number that appears to be from the IRS and deliver a robocall message that threatens legal action if the recipient does not pay a fake tax debt.
How does the DO NOT CALL Act of 2023 affect robocalls and spoofing?
The DO NOT CALL Act of 2023 proposes to deter robocallers and spoofers by increasing the penalties for violating the TCPA. According to the bill, violators of the TCPA would face up to one year in prison for each offense. If the violator has a prior conviction, or if the offense involved more than 100,000 calls in a 24-hour period, one million calls in a 30-day period, or 10 million calls in a one-year period, or if the offense caused a loss of $5,000 or more to one or more persons in a one-year period, the violator would face up to three years in prison, a fine, or both.
The bill would also increase the penalties for spoofing from $10,000 to $20,000 per violation. Additionally, the bill would require the FCC to report annually on its enforcement actions against robocallers and spoofers.
The sponsors of the bill said that they introduced it to protect consumers from predatory robocalls and spoofing, and to hold individuals and companies accountable for their actions.
“Robocalls are a nuisance that take away from our everyday lives,” said Rep. Kustoff. “I introduced the DO NOT Call Act with Congresswoman Ross to give our judicial system more authority to protect Americans from receiving these calls, and from being scammed and defrauded as a result.”
“Malicious actors and companies are targeting vulnerable Americans with aggressive, manipulative tactics to extract sensitive personal information and defraud and scam victims,” said Rep. Ross. “There is an urgent need for Congressional action to protect consumers, deter predatory robocalls, and hold individuals and companies accountable.”
What are the benefits and challenges of the DO NOT CALL Act of 2023?
The DO NOT CALL Act of 2023 could have several benefits for consumers and businesses. For consumers, the bill could reduce the number of unwanted and fraudulent calls they receive, and increase their confidence and trust in answering legitimate calls. For businesses, the bill could improve their reputation and customer satisfaction, and reduce the risk of being associated with illegal or unethical practices.
However, the bill also faces some challenges and limitations. For one, the bill may not be able to stop all robocalls and spoofing, as some violators may operate from overseas or use sophisticated technologies to evade detection or prosecution. For another, the bill may not be able to address the root causes of robocalls and spoofing, such as the demand for cheap and easy communication services, the availability of personal data, or the lack of consumer education and awareness. Furthermore, the bill may face opposition from some stakeholders who may argue that it is too harsh, too costly, or too intrusive.
What are some other ways to combat robocalls and spoofing?
The DO NOT CALL Act of 2023 is not the only solution to combat robocalls and spoofing. There are also other legislative, regulatory, technological, and educational efforts that can help address this issue.
In 2019, Congress passed the TRACED Act (Telephone Robocall Abuse Criminal Enforcement and Deterrence Act), which required phone companies to implement caller ID authentication technology known as STIR/SHAKEN (Secure Telephone Identity Revisited/Signature-based Handling of Asserted Information Using Tokens), which verifies that callers are who they claim to be. The TRACED Act also gave more authority and resources to the FCC and other agencies to enforce the TCPA and prosecute violators.
The FCC has also taken several actions to protect consumers from robocalls and spoofing, such as issuing rules, orders, fines, warnings, and guidance. For example, the FCC has allowed phone companies to block robocalls by default, authorized consumers to use call blocking or labeling services or apps, established a database of reassigned numbers to avoid wrong number calls, and created a robocall response team to coordinate enforcement efforts.
Additionally, there are technological solutions that can help consumers block or filter unwanted calls. Some phone companies offer call blocking or labeling services that can identify potential spam calls based on their caller ID information or reputation data. Some third-party apps can also provide similar features or allow users to create their own blacklists or whitelists of numbers. Furthermore, consumers can register their numbers on the National Do Not Call Registry, which prohibits telemarketers from calling them without their consent.
Finally, there are educational initiatives that can help consumers avoid or report robocalls and spoofing. Consumers can learn how to recognize and respond to robocalls and spoofing by following some tips and best practices, such as hanging up on suspicious calls, verifying caller information before providing personal or financial information, reporting unwanted or fraudulent calls to the authorities, and checking their phone bills for unauthorized charges.
Conclusion
Robocalls and spoofing are a major nuisance and threat for many Americans, who receive billions of unwanted and often fraudulent calls every year. To combat this problem, a bipartisan bill has been introduced in Congress that would impose stricter penalties for violators of the law that regulates telemarketing and automated calls. The bill, known as the DO NOT CALL Act of 2023, aims to deter robocallers and spoofers by increasing the fines and prison sentences for those who break the law.
The bill could have several benefits for consumers and businesses, such as reducing the number of unwanted and fraudulent calls, increasing the confidence and trust in answering legitimate calls, improving the reputation and customer satisfaction of businesses, and holding individuals and companies accountable for their actions. However, the bill also faces some challenges and limitations, such as not being able to stop all robocalls and spoofing, not addressing the root causes of robocalls and spoofing, or facing opposition from some stakeholders.
The DO NOT CALL Act of 2023 is not the only solution to combat robocalls and spoofing. There are also other legislative, regulatory, technological, and educational efforts that can help address this issue. Consumers can also take steps to protect themselves from robocalls and spoofing by using call blocking or filtering services or apps, registering their numbers on the National Do Not Call Registry, learning how to recognize and respond to robocalls and spoofing, reporting unwanted or fraudulent calls to the authorities, and checking their phone bills for unauthorized charges.
Robocalls and spoofing are not only annoying but also dangerous for consumers and businesses. They can expose them to scams, identity theft, fraud, harassment, and other harms. Therefore, it is important to take action and protect oneself from these unwanted and illegal calls.
