On August 3, the Federal Communications Commission (“FCC”) proposed an $82 million fine against Philip Roesel and his company, Best Insurance Contracts, Inc., for over 21 million calls that violated the Truth in Caller ID Act of 2009 and the Commission’s rules by displaying inaccurate Caller ID information. The FCC considered these violations particularly egregious because they intentionally targeted elderly and low-income consumers.
Chairman Pai’s statement regarding the Roesel matter was clear: “We will do everything in our power to put you (robocallers) out of business.” The FCC certainly appears to be living up to the Chairman’s word, levying large fines and prosecuting businesses across the industry, from telemarketers to calling platform providers. Earlier this year, the Commission proposed a $120 million fine against an individual for using “neighbor spoofing” technology while making over 100 million robocalls in an attempt to sell timeshares. The Commission also fined a New Mexico company $2.8 million for providing a robocalling platform which allowed easy caller ID manipulation.
Although the Roesel matter included aggravating facts, the FCC’s enforcement priorities are becoming increasingly clear with each new case that hits the headlines. As always, we recommend any business undertaking customer engagement programs seek experienced counsel to ensure it is complying with the TCPA and other federal and state regulatory demands.
* Adam Steele contributed to this post.