On December 8, 2020, the FCC released a Notice of Proposed Rulemaking setting forth a new streamlined process for private entities to share information relating to calls or text messages that violate any laws regarding robocalls or spoofing, as required by the TRACED Act.  Specifically, the FCC proposes to create an online portal, monitored by the Enforcement Bureau, where private entities may submit information about robocalls and spoofing which they believe violate sections 227(b) and 227(e) of the Communications Act.  This new online portal would be in addition to, and distinct from, the complaint process for consumers managed by the Consumer and Governmental Affairs Bureau.

 

The FCC anticipates that the new portal would be of particular value for employees who suspect their company is violating the law and third parties who have been disrupted by unlawful spoofers.  Individuals wishing to use the portal would be required to submit: the name of the private entity, a point of contact, the caller ID information displayed as well as the phone numbers affected by the robocalling incident, the date(s) and time(s) of the relevant calls or texts, the name of the private entity’s service provider, and a description of the problematic calls and texts. The FCC seeks comment on the proposal including methods for ensuring submissions remain confidential and ways to encourage private entities to share information.

 

Comments will be due 30 days after the date of publication in the Federal Register. Reply comments will be due 45 days after the date of publication in the Federal Register.

 

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