Our society may be objectively divided, but there is one thing pretty much everybody can agree on: Robocalls suck! While many businesses rely on robocalls for legitimate customer reach, from the consumer's point of view, being solicited for something over the phone by a prerecorded message is a universal nuisance.That's why in 1991, congress in Canada and the US enacted the TCPA (Telephone Consumer Protection Act).

1991: What is the TCPA?

Essentially the TCPA placed regulations and restrictions on robocalls made by telemarketers, businesses, debt collectors, and political campaigns to help protect consumers. Included in the protection of this act were robocalls to residential phone lines/landlines, unsolicited faxes, and cell phones.

1992: The Invention of "Do-Not-Call Lists"

One year later, Congress amended the act by including the requirement that telemarketers create and maintain company-specific do-not-call lists, which consumers were able to add themselves to.

2003: The Invention of the National Do-Not-Call Registry

Years later, the FCC and FTC established the national Do-Not-Call registry, which covers all telemarketers (with the exception of certain nonprofit organizations), and applies to both interstate and intrastate calls across the nation.

2012: Most Recent Amendments to the TCPA

Since 2012, telemarketers have been required to obtain written consent from consumers prior to robocalling them, and they are not allowed to rely on an "established business relationship" to avoid receiving said consent. Furthermore, each robocall must provide an automated, interaction "opt-out" option for the consumer.

2015: TCPA Weakened by "Budget Bill" Provision

The Budget Bill of 2015 saw congress making an exception to the TCPA, which allowed debt collectors to make robocalls in instances when debt is owed, or even just guaranteed by, the federal government. This allowed debt collectors to make robocalls to millions of Americans with education, mortgage, tax, and other federally-backed debt, which debt collectors were able to aggressively take advantage of.

2020: TCPA Upheld, Debt Loophole Eliminated

On July 5th, 2020 the Supreme Court upheld the TCPA and struck down the aforementioned debt collector provision in the 2015 budget bill. A win all around!

So Why Do You Still Get So Many Robocalls?

We know what you're thinking. Despite this protection, you still get robocalls that annoy you to no end, right? Us too. Simply put, the TCPA is meant to protect consumers from legitimate business and call centres who use telemarketing. Unfortunately, it does not account for illegitimate telecommunications fraud, which are conducted by people who obviously have no regard for the law. This illegitimate industry continues to grow exponentially, reporting losses in 2021 of $383 million in Canada¹ and $30 billion in the United States ² . There are a number of different scams used that contribute to these losses, but one of the most prevalent ones for robocalls in particular is known as Caller ID Spoofing). With so many scams out there, and the limitations of protection that the TCPA can offer, it's never been more important to stay informed and vigilant.

How SIPSTACK Fights Fraud

Using the latest technology and machine learning, SIPSTACK's systems authenticates all activity in real time against variables that affect your security. When a carrier implements SIPSTACK's Risk Rating Score, they are able to customize a threshold for calls to pass through, based on their specific needs. At SIPSTACK we take an active role in ensuring we are building a secure and connected tomorrow. Contact us today to learn how you can protect yourself from spam.

References

^{1 https://www.antifraudcentre-centreantifraude.ca/index-eng.htm
2 https://firstorion.com/2021-scam-call-trends/}