Software-Based Robocall Company Fined by FCC Over O'Rielly Dissent
The FCC imposed a $2.9 million fine against Dialing Services for allegedly making robocalls to wireless phones using artificial or prerecorded voice messages without the prior express consent of the called parties. Commissioner Mike O'Rielly dissented. FCC investigators determined in…
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2012 the company was responsible for more than 4.7 million calls to wireless phones over three months. “The calls were non-emergency communications and were made without the called parties’ prior consent, in violation of the Telephone Consumer Protection Act,” said a Wednesday order. O'Rielly questioned whether the FCC is punishing “a technology and its operator" rather than the actual originator of illegal robocalls. “After months of working on this case and hoping to reach common ground, we reached a point where additional edits and input weren’t getting us closer on a couple of key issues,” O’Rielly said. “Unfortunately, the item before us today is so lacking that I do not have sufficient confidence that the allegations are correct.” The order “opens a huge can of worms given that this same platform technology can be used for completely legitimate purposes and often is,” he said. Chairman Ajit Pai said he didn’t have similar qualms against fining a company that offers software-based robocalling service to third-party clients. “Make no mistake: Although it may not have physically placed the calls itself, Dialing Services was not the unwitting conduit or passive technical support service it claims to be,” Pai said. “One of the Company’s featured services is a spoofing functionality designed to provide deceptive information about a call’s originating point or to hide that information altogether.” Commissioner Mignon Clyburn supported the order, but didn't release a statement. The company didn't comment.