Collector – September 2019 - 48

GOVERNMENTAFFAIRS

Calling Concerns
Robocalls are one of the only non-partisan issues this year in D.C. Here's what's going on right now.
By Leah Dempsey

L

awmakers and regulators in
Washington, D.C., continue
to maintain their focus on
robocall issues, which has required
ACA International to provide extensive
education on why they should not throw
the baby out with the bathwater for
legitimate callers. Since the beginning of
the 116th Congress, nearly a dozen different
pieces of legislation have been introduced
to curb the pesky robocalls we all dislike
and support limiting.
However, in Congress's quest to stop
fraudulent actors, its efforts have often gone
overboard and threaten legitimate callers
and the consumers who need those calls.
Similarly, the Federal Communications
Commission has engaged in several
actions, including its most recent sweeping
Declaratory Ruling, which expands efforts
to block any call by default that a carrier
assumes is unwanted. The rule went into
immediate effect in June and will allow voice
service providers to block calls as the default
before they reach consumers' phones.

48

Both Congress's and the FCC's efforts,
although well intended, have often
overlooked the negative consequences
of sweeping legitimate calls into efforts
targeting bad actors.

FCC DECLARATORY RULING
On June 6, after holding no public comment
period on its ruling, the FCC authorized-
but did not require-carriers to block
"unwanted" calls using "reasonable"
analytics on an opt-out basis. Notably,
however, what are considered "reasonable"
analytics for blocking calls include many
of the same call characteristics seen from
legitimate callers. This includes:
* Large bursts of calls in a short
timeframe.
* Low average call duration.
* Low call completion ratios.
* Common Caller ID name values across
voice service providers.
* A large volume of complaints related to
a suspect line.
* Sequential dialing patterns.
* Neighbor spoofing patterns.
* Patterns that indicate Telephone
Consumer Protection Act or other
contract violations.
This was extremely concerning to ACA
members. To add to that, the original draft
of the ruling included no acknowledgement
of the problems associated with blocking
legitimate calls.
After extensive advocacy efforts from
ACA and a coalition of other trade
associations, the final version of the ruling,
as opposed to the draft version, provided
some acknowledgement of the need for
redress for erroneously blocked calls. It
states:
"[W]hile some parties have expressed
concern about blocking of calls
required for compliance with other
laws, rules, or policy considerations,

we believe that a reasonable callblocking program instituted by default
would include a point of contact for
legitimate callers to report what they
believe to be erroneous blocking
as well as a mechanism for such
complaints to be resolved. Further,
callers who believe their calls have
been unfairly blocked may seek review
of a call-blocking program they
believe to be unreasonable by filing
a petition for declaratory ruling with
the Commission. We also encourage
voice service providers that block calls
to develop a mechanism for notifying
callers that their calls have been
blocked."
However, there is still some concern
about whether the FCC provided sufficient
parameters around unblocking legitimate
calls, specifics and timeframes for how
callers should be notified, and sufficient
recognition of the harm that blocking
legitimate business calls could cause for
consumers.

SHAKEN/STIR
ACA continues to discuss these issues
with carriers and the FCC. The association
filed comments during the Third Further
Notice of Proposed Rulemaking for
unlawful robocalls, which was released in
conjunction with the Declaratory Ruling.
The FNPRM proposes rules to allow
voice service providers to block calls based
on Caller ID authentication (SHAKEN/
STIR) in some instances, and also requires
major voice service providers to implement
SHAKEN/STIR if they do not meet the
2019 deadline. Since SHAKEN/STIR will
arguably replace all of the non-mandatory
instructions around call blocking that have
come from the FCC so far, ACA is working
to advocate for more specifics in this
framework to aid legitimate callers.

ACAINTERNATIONAL.ORG


http://www.ACAINTERNATIONAL.ORG

Collector – September 2019

Table of Contents for the Digital Edition of Collector – September 2019

Ask the Experts: Raising the Bar
Staying on Track
Work Ethic From the Ground Up
Calling Concerns
Robo-Dispute Purveyors Found Guilty of Fraud
Upfront
Industry News
Best Practices
FYI
Collection Tips
Calendar
Honor Roll
Education Spotlight
ACA SearchPoint
Ad Index
Membership
Last Word
Meet ACA’s 2019/20 Board of Directors
Collector – September 2019 - Cover1
Collector – September 2019 - Cover2
Collector – September 2019 - 1
Collector – September 2019 - 2
Collector – September 2019 - 3
Collector – September 2019 - Upfront
Collector – September 2019 - 5
Collector – September 2019 - Industry News
Collector – September 2019 - 7
Collector – September 2019 - 8
Collector – September 2019 - 9
Collector – September 2019 - 10
Collector – September 2019 - 11
Collector – September 2019 - Best Practices
Collector – September 2019 - 13
Collector – September 2019 - FYI
Collector – September 2019 - 15
Collector – September 2019 - Collection Tips
Collector – September 2019 - 17
Collector – September 2019 - 18
Collector – September 2019 - 19
Collector – September 2019 - 20
Collector – September 2019 - 21
Collector – September 2019 - 22
Collector – September 2019 - 23
Collector – September 2019 - 24
Collector – September 2019 - 25
Collector – September 2019 - Meet ACA’s 2019/20 Board of Directors
Collector – September 2019 - 27
Collector – September 2019 - 28
Collector – September 2019 - 29
Collector – September 2019 - 30
Collector – September 2019 - 31
Collector – September 2019 - 32
Collector – September 2019 - 33
Collector – September 2019 - 34
Collector – September 2019 - 35
Collector – September 2019 - 36
Collector – September 2019 - 37
Collector – September 2019 - Calendar
Collector – September 2019 - Honor Roll
Collector – September 2019 - Education Spotlight
Collector – September 2019 - 41
Collector – September 2019 - Ask the Experts: Raising the Bar
Collector – September 2019 - 43
Collector – September 2019 - Staying on Track
Collector – September 2019 - 45
Collector – September 2019 - Work Ethic From the Ground Up
Collector – September 2019 - 47
Collector – September 2019 - Calling Concerns
Collector – September 2019 - 49
Collector – September 2019 - Robo-Dispute Purveyors Found Guilty of Fraud
Collector – September 2019 - 51
Collector – September 2019 - ACA SearchPoint
Collector – September 2019 - Ad Index
Collector – September 2019 - Membership
Collector – September 2019 - 55
Collector – September 2019 - Last Word
Collector – September 2019 - Cover3
Collector – September 2019 - Cover4
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