AGs, Telecoms in Anti-Robocall Agreement as Federal Bill Not Passed

Some of the commitments in the memorandum of understanding overlap with telecom companies’ existing public pledges, including implementing secure handling of asserted information using tokens (Shaken) and secure telephone identity revisited (Stir) caller authentication technology (see 1907110023). The 12 carriers -- including AT&T, Comcast, Sprint, T-Mobile and Verizon -- agreed to deploy Stir/Shaken, make free anti-robocall and call-blocking tools available to consumers, and monitor their networks for robocall traffic.

The telecoms committed to cooperate and communicate with state agencies’ robocall traceback efforts, including requiring vendors participate in traceback work and confirming the identities of all new commercial VoIP customers. “We do this because our customers demand it,” said USTelecom Senior Vice President-Policy and Advocacy Patrick Halley during a news conference. “People just aren’t answering calls anymore. That’s not good for us, that’s not good for consumers.” Other participating companies are Bandwidth, CenturyLink, Charter, Consolidated, Frontier, U.S. Cellular and Windstream.

North Carolina AG Josh Stein (D) emphasized to reporters that state governments’ work with industry on illegal robocalls “does not end today” with the MOU. “This is the beginning of a constructive, continued engagement” with the private sector, and the AGs plan to “augment” the new principles to address future tech changes that robocallers may use to skirt new roadblocks. “We have ways other than going to court to encourage [industry's] ongoing cooperation,” he said. “Not everything” in the MOU got universal enthusiasm from stakeholders, but “we have agreed to these” principles and will work to ensure collaboration continues.

States “can’t wait for Washington to act” on illegal robocalls either via the FCC or Congress, said New Hampshire AG Gordon MacDonald (R) during the news conference. “We would absolutely welcome” congressional action, Stein said. But “we don’t want” to defer to Capitol Hill at the expense of engaging in state-level efforts. Leaders on anti-robocall legislation are confident they can get a conference agreement over the August recess to marry elements (see 1907260072) of the House-passed Stopping Bad Robocalls Act (HR-3375) and the Senate-passed Telephone Robocall Abuse Criminal Enforcement and Deterrence (Traced) Act (S-151).

Stein said he and other states’ AGs will “aggressively use whatever authority we have” to combat robocalls, in North Carolina’s case as a violation of the state’s trade practices laws. The point of the MOU is for states and industry to work together to “shine a bright light” on hard-to-identify entities engaging in illegal calls so governments can enforce existing laws, Stein said. USTelecom is working to encourage participation from smaller carriers, Halley said. Over the past six months, “we’ve heightened up our ability” to do speedy traceback investigations, he later told reporters. Some smaller carriers are believed to be significant intermediaries allowing illegal robocalls to reach consumers.

Chairman Ajit Pai said the “principles align with the FCC’s own anti-robocalling and spoofing efforts.” It “comes as no surprise to me that these leaders are dedicated to battling this scourge,” since the FCC has “agreements with state officials to share information on robocalling and spoofing incidents,” Pai said.

It's “a useful step toward eliminating these types of calls, which far too often lead to identify theft and financial loss,” said California AG Xavier Becerra (D). “Consumers must continue to be vigilant. However, today’s commitment by our industry partners is a step in the right direction to provide every landline and wireless customer with access to free and effective call-blocking tools.” The MOU’s terms mean “the days of preying upon, misleading, and taking advantage of individuals throughout our state and this country will soon be numbered,” said New York AG Letitia James (D). “The bad actors running these deceptive operations will soon have one call left to make: to their lawyers.”

Stopping illegal robocalls “will require collaboration across the public and private sectors and the adoption of new technological tools to prevent scammers from engaging in this menacing activity,” said Colorado AG Phil Weiser (D). AGs and "companies are taking a proactive approach to fighting back against illegal robocalls,” said Missouri AG Eric Schmitt (R). “These principles strengthen our ability to pursue bad actors and work to put an end to the harassment of Missourians.”

The “member companies of USTelecom, CTIA and NCTA are taking action and aggressively responding to this threat with a variety of tools,” the groups said. “We appreciate the efforts of the state attorneys general, the FCC, the FTC and other agencies to further collaboration that will hold the scammers behind these calls responsible for their actions.” NTCA supports “the concepts addressed by the Anti-Robocall Principles and we look forward to working with policy makers to overcome remaining implementation obstacles so that rural operators can participate in the effort to eradicate illegal and unwanted robocalling,” said CEO Shirley Bloomfield. AT&T, Charter and Verizon also issued statements.