LIVEBLOGGING: here are the Czar’s LIVE Thoughts on the FCC Open Meeting

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Hi folks, just about to get started. Refresh often for additional comments. Earliest thoughts will be at the top and will work down to most recent thoughts.

Glad to have you all with us…

Just getting started/ NPRM is listed among items of interest for the Commissioners today.

Learning about satellite and terrestrial communications collaboration right now. Terrestrial providers will have access to the ability to provide supplemental coverage from space.. cool, I guess. But not TCPA related.

This is why I don’t live blogs FCC meetings hahahaha… most of these items are unrelated to the TCPA. BUT this is also important to keep in mind– the Commission has so many other things on its plate.

Looks like it will be a few minutes before we get to the key TCPA NPRM…

Pretty interesting stuff, even if unrelated to the TCPA. FCC Commissioners stating strong support for space-based wireless services…

7:54 Commissioners just finishing up their comments on the satellite cell phone regulations thing… let’s see what’s next

7:57 Next item up involves call rates for incarcerated individuals. So need to a wait a bit longer here.

8:09 listening to Commissioner comments on an item dealing with incarcerated person’s calls

8:16– next item is call authentication. will be interesting.

8:18– statements being made about robocalls being the number one complaint to the FCC.

8:19–intermediary providers are not currently required to authenticate but under new order the first intermediate carrier in the call chain must authenticate where the originator does not do so.

8:23– lots of pressure on the carriers here. carriers may be shut down for failing to abide robocall mitigation database filings and face penalties.

8:24– Commissioner Carr commenting on problems with robocalls. Commissioner Starks says the same. “Remain the number one source of consumer complaints..”

8:26– Commissioner Simington says “very important” to stop unwanted robocalls.

8:28– Commissioners really piling on about robocalls and “loopholes” and we havent event got to the NPRM yet…

8:29– Chairwoman mentioned that FCC shut down 7 carriers last year for carrying “robocalls”–seems like a pretty chilling thing to slip into her comments.

8:31– ok, here comes the big NPRM. Bureau chief presenting.

8:32– “important” work to stop unwanted SMS messages and requiring blocking messages that are highly likely to be illegal

8:33– Mika Savir presenting for the bureau. 500% increase in text complaints noted.

8:34– text scams cost over $200MM. “greater” harm from texts than calls. they can include phishing scams and malware. (agreed! this stuff is awful!)

8:35– currently discussing DNO rules. Stopping “highly likely” illegal messages.

8:36– now addressing NPRM. where texts are “clearly illegal” and notice is given, carriers must stop. second, technical solutions required. Third, whether DNC rules apply to text messages.

8:37–lead generator loopholders to use a “single consumer consent” to allow many calls. No bulk consumer consents should be permitted. “So called lead generator websites” responsible for “barrage” of calls. “Valid only for messages logically and topically related”

8:38: Commissioner Carr says doesnt want to “sweep in” legal text messages.

8:39– Commissioner Starks–texts are preferred way to communicate. But more popular the more scam and bad actors. robotexts are different from robocalls because you will receive the text, you might answer a call. that leads to potential harm. 10.7 BB scam texts reported last year.

8:40– Commissioner Simington approves the item. Says protecting consumers is number one priority.

8:43– Chairwoman addressing the problems with scam texts. Focused primarily on robotexts in fraud. These messages “reduce” confidence in network. Rules will require DNO usage.

8:44– Chairwoman “not going to stop there”–looking at additional measures in the NPRM.

8:45– the item (not the NPRM but the more basic rule regarding the DNO is adopted.)

Looks like that’s it. Will have a quick video up on YouTube discussing this shortly.

Overall I feel good about where we are. The Commission took a limited approach (so far) and focused their comments on true SCAM messages. Clearly momentum headed into the formal NPRM process, however.

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

1 Comment

  1. This is great news. Question: Where can we submit our comments to the FCC?

    Reply

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