How to effectively fight back on robocalls

As a health law paralegal, I was trained in more than healthcare matters and managed care issues. So today, after reading an article in Business Insurance magazine, I drafted this complaint now that the 6th US Circuit Court of Appeals has ruled that even one robocall is actionable.

The violation is worth $500 per call unless there is an indication of willful violation with intent, but if willful intent to violate TCPA can be proven, then it triples, plus any economic damages and attorney's fees, plus any value amount deemed adequate by both settling parties to make the matter go away.

Surely, most of the companies doing this would prefer to settle out of court, admit no wrongdoing, and not be enjoined from operating a robocall firm in court. I'd settle in the range of several thousand - per call. Wouldn't you?

Two reasons why the FCC hasn't been effective in curtailing and eliminating these

One reason why these are not aggressively fought in court is that the fee schedule for filing a case in US Circuit Court is more than the $500, but that's why the suit asks for attorney fees and costs.

The second matter is one of identifying the actual defendant. With the spoofing that now occurs, where caller ID is not always accurate in identifying the number from which the call originated, it becomes difficult to track down the identity of the caller. But if T-Mobile can identify that it is a robocall, someone has this information!

And even if the call was placed from offshore, if the company that hired the offshore agency to place the calls is stateside, they are the defendant. The agency making the calls is "accessory to".

STIR / SHAKEN

FCC rules require most providers to implement and use STIR/SHAKEN in the Internet Protocol (IP) portions of their networks, so that Americans can benefit from this important technology and start to have faith in their phone calls again.

The FCC requires that all voice service providers certify in the Robocall Mitigation Database that they have fully implemented STIR/SHAKEN or have instituted a robocall mitigation program to ensure that they are not originating illegal robocalls. To further protect consumers, gateway providers – those serving as the entry point for foreign calls into the United States – must both implement STIR/SHAKEN and institute a robocall mitigation program.

Last month, the FCC added terms to its STIR/SHAKEN regulation to close the gap on these offshoring violations by US companies.

STIR/SHAKEN is a regulation that calls traveling through interconnected phone networks can have their caller ID "signed" as legitimate by originating carriers and validated by other carriers before reaching consumers. STIR/SHAKEN digitally validates the handoff of phone calls passing through the complex web of networks, allowing the phone company of the consumer receiving the call to verify that a call is in fact from the number displayed on Caller ID.

All providers are required to submit to this public database the contact information for the personnel at their company responsible for robocall-mitigation related issues. And those providers certifying to their implementation of a robocall mitigation program are required to include descriptions of the reasonable steps they are taking to avoid originating illegal robocall traffic. Finally, because the STIR/SHAKEN framework is only operational on IP networks, Commission rules also require providers using older forms of network technology to either upgrade their networks to IP or actively work to develop a caller ID authentication solution that is operational on non-IP networks.

https://www.fcc.gov/document/fcc-closes-gap-caller-id-authentication-regime-0

How to research who called

Identifying the entity making robocalls can be a challenging task, as robocalls are often generated using automatic telephone dialing systems (ATDS) and prerecorded messages, which are designed to dial phone numbers en masse without revealing the true identity of the caller. However, there are several steps and technologies available to help identify robocalls and potentially reveal the caller's true identity:

1. **Caller ID**: Check the caller ID information displayed on your phone when you receive the robocall. While some robocalls may use spoofed or fake caller IDs to hide their identity, others may provide legitimate caller information that can be used for further investigation.

2. **Reverse Phone Lookup Services**: Use online reverse phone lookup services to trace the origin of the phone number from which the robocall was made. These services can sometimes provide information about the registered owner of the phone number or the company associated with it.

3. **Call Tracing**: Many phone service providers offer call tracing services that can be activated by dialing a specific code after receiving the robocall. Call tracing can provide valuable information to law enforcement authorities for further investigation.

4. **Robocall Blockers and Apps**: Install robocall-blocking apps on your smartphone. These apps use vast databases of known robocall numbers and patterns to automatically block or divert such calls.

5. **Whitelist and Blacklist Filtering**: Utilize phone settings or call-blocking apps that allow you to create custom lists, including whitelists (trusted numbers) and blacklists (numbers to block). This can help reduce unwanted robocalls.

6. **Analyzing the Message Content**: Listen to the robocall's message content, which might give clues about the caller's identity, intentions, or the company they represent.

7. **Research Online Complaints**: Search online for the phone number that initiated the robocall. Often, you can find forums or websites where people report and discuss unsolicited calls, and this might provide additional information about the caller.

8. **Use Call Authentication Technology**: Some phone carriers are implementing call authentication technologies like STIR/SHAKEN (Secure Telephone Identity Revisited/Signature-based Handling of Asserted Information Using Tokens). These protocols help verify the authenticity of caller ID information and reduce spoofed calls.

So FWIW.... here's my template complaint

How to file the complaint for yourself in Circuit Court

Filing a TCPA complaint in circuit court in pro se (representing yourself without an attorney) involves several steps. Please note that the process may vary depending on the specific court and jurisdiction. Here is a general outline of the steps to file a TCPA complaint in circuit court pro se:

1. Understand the TCPA: Familiarize yourself with the provisions of the Telephone Consumer Protection Act (TCPA) and how it applies to your situation. The TCPA prohibits certain telemarketing practices, including the use of automatic telephone dialing systems and prerecorded messages without prior consent.
2. Check Jurisdiction: Determine the appropriate circuit court with jurisdiction over your case. This is usually the court located in the county where the alleged TCPA violation occurred.
3. Draft the Complaint: Prepare the complaint outlining the facts of the case, the TCPA violation(s) committed by the defendant, and the relief you are seeking. Be sure to include your contact information as the plaintiff and the defendant's name and contact information. The complaint should clearly state the basis for the court's jurisdiction.
4. Civil Cover Sheet: Some courts may require a civil cover sheet that provides basic information about the case, such as the parties involved and the nature of the lawsuit.
5. Filing Fee or Fee Waiver: Check the court's filing fee requirements. If you cannot afford the filing fee, you may be eligible for a fee waiver. In that case, fill out the necessary forms to apply for the waiver.
6. File the Complaint: Bring the completed complaint and any required supporting documents to the circuit court's filing office. File the documents with the court clerk, and they will stamp them as "filed" with the date.
7. Serve the Defendant: After filing, you must serve a copy of the complaint and summons on the defendant. This can be done through a process server, sheriff's office, or certified mail. The court may have specific rules regarding service, so make sure to follow them carefully.
8. Defendant's Response: The defendant has a certain period (typically 20-30 days) to respond to the complaint after being served. The response may be an answer or a motion to dismiss.
9. Discovery (if applicable): If the defendant files an answer and the case proceeds, there may be a discovery phase where both parties exchange relevant information and evidence. Your screenshots and call log should be a reasonable documentation and evidence.
10. Pretrial Procedures: The court may schedule pretrial conferences or hearings to discuss the case's status and potential settlement options. This is where the attorney assistance may be most valuable and worth the price paid for their assistance.
11. Trial: If the case does not settle, it will proceed to trial, where you will present your evidence and arguments to the court.
12. Judgment: After the trial or any other resolution, the court will issue a judgment, either in your favor or the defendant's.
13. Collection of the Judgment: That's the part that may take the most effort, really.

Remember, legal proceedings can be complex, and it's essential to understand your rights and obligations. If you are unsure about any step in the process, consider consulting with an attorney for guidance. Legal aid organizations may also offer assistance to individuals representing themselves in court.

#robocalls #TCPA #spamanagement #spam #compliance