FCC Releases PN Notifying Providers of Mandatory Robocall-Related Mitigation

On January 24, 2023, the Enforcement Bureau released a Public Notice notifying all U.S.-based voice service providers that, pursuant to Section 64.1200(n)(2), they must take steps to effectively mitigate apparently illegal traffic from PhoneBurner Inc. (“PhoneBurner”) and MV Realty PBC, LLC (“MV Realty”) identified in Attachment A.  Blocking the traffic is considered to be effective mitigation.

PhoneBurner and MV Realty have been identified by the Traceback Consortium as the originators of substantial volumes of apparently unlawful robocalls to homeowners with phone numbers on the Do Not Call Registry (“DNC Registry”).  In the calls, MV Realty offered homeowners one-time cash payments, purportedly, in exchange for the homeowner granting MV Realty exclusive listing rights to sell the home at some future date.  MV Realty utilized PhoneBurner’s software and services to place robocalls and leave voice messages to homeowners with numbers on the DNC Registry.

Voice service providers who have provided services to PhoneBurner and MV Realty are required to promptly investigate the traffic identified in Attachment A and within 14 days report the results of its investigation to the Bureau, including the steps the provider has taken to effectively mitigate the identified traffic or explain why the provider has reasonably concluded the identified calls were not illegal and what steps it took to reach that conclusion.  Providers that fail to mitigate this traffic from PhoneBurner and MV Realty or fail to explain why they reasonably concluded the traffic to be legal may be subject to additional enforcement action.  This reporting requirement is waived if the provider determines that PhoneBurner and MV Realty are not customers of its services.

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