FCC and FTC Send Warning Letters to Stop Overseas COVID-19 Robocalls | Practical Law

FCC and FTC Send Warning Letters to Stop Overseas COVID-19 Robocalls | Practical Law

On April 3, 2020, the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) sent letters to three gateway providers warning them to stop routing and transmitting 2019 novel coronavirus disease (COVID-19)-related scam robocalls originating from overseas. The two agencies have been closely collaborating with the US Department of Justice on this first-of-its-kind step to prevent scam robocalls from reaching American consumers.

FCC and FTC Send Warning Letters to Stop Overseas COVID-19 Robocalls

Practical Law Legal Update w-024-8890 (Approx. 3 pages)

FCC and FTC Send Warning Letters to Stop Overseas COVID-19 Robocalls

by Practical Law Commercial Transactions
Published on 07 Apr 2020 • USA (National/Federal)
On April 3, 2020, the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) sent letters to three gateway providers warning them to stop routing and transmitting 2019 novel coronavirus disease (COVID-19)-related scam robocalls originating from overseas. The two agencies have been closely collaborating with the US Department of Justice on this first-of-its-kind step to prevent scam robocalls from reaching American consumers.
On April 3, 2020, the Federal Communications Commission's (FCC) Enforcement Bureau and the Federal Trade Commission's (FTC) Bureau of Consumer Protection sent joint letters to three gateway providers requesting that they stop routing and transmitting 2019 novel coronavirus disease (COVID-19)-related scam robocalls originating from overseas within forty-eight hours or face a block of all their calls. This first-of-its-kind effort resulted from the agencies' collaborative work with the US Department of Justice.
The letters stated that if the three gateway providers did not stop the robocalls within forty-eight hours, the FCC would authorize other US providers to:
  • Block all calls from the gateway providers.
  • Take any other steps as needed to prevent further transmission of unlawful calls from the gateway providers.
The agencies also stated they would consider whether further action is warranted in light of the gateway providers' activity.
In addition, the FCC and FTC wrote to the USTelecom trade association asking its members to block calls from the gateway providers if the robocalls did not stop within forty-eight hours.
The gateway providers are:
  • SIPJoin from Suffolk, Virginia.
  • Connexum from Orange, California.
  • VoIP Terminator d/b/a BLMarketing from Lake Mary, Florida.
The FCC, FTC, and the USTelecom Industry Traceback Group, which is a consortium of phone companies that helps detect suspect calls, conducted investigations and determined that the gateway providers were routing and transmitting COVID-19 scam robocalls from either of the following originators:
  • VoIPMax, which offered a non-existent “free test kit” for COVID-19.
  • Oberlo Peer BPO, which offered HVAC cleaning services that falsely claimed would help fight COVID-19.
The originators are located in the Philippines and Pakistan, respectively.
This joint action by the FCC and FTC illustrates the agencies' commitment to cracking down on COVID-19 scam robocalls.
For more information about robocalls, see Practice Notes, TCPA Litigation: Key Issues and Considerations and Telephone Consumer Protection Act (TCPA): Overview and Legal Update, FCC Adopts New Rules Banning Malicious Caller ID Spoofing of Text Messages and Foreign Robocalls. For more information on COVID-19, see Global Coronavirus Toolkit.