1. SECURITY
NATION
SEPT/ OCT
2016
40
GOVERNMENT
RELATIONS
1991 LEGISLATION MAKES
A COMEBACK TO PROTECT
CONSUMERS
The 90’s were, like, totally
the best decade ever (said
dripping with valley-girl
dialect).
There was Wayne Gretsky dominating the ice, teal
and fuchsia windbreakers you could hear coming
from a mile away, and who could forget dancing
to “Macarena” on your Walkman? But amidst the
prosperous economy (4 percent growth per year
from 92-99) and adding caller ID to your landline,
a single piece of 90’s legislation stands out as easing
the frustration of, arguably, every single American
citizen. In 1991, the Telephone Consumer Protection
ACT (TCPA) was passed; a collective sigh could be
heard at dinner tables across the nation that night. The
TCPA received another much-needed update in the
summer of 2015 which continues the effort to protect
consumers from unwanted robocalls as technology
changes and advances. Security Nation interviewed
the Federal Communication Commission (FCC) Chief
of Consumer and Governmental Affairs Bureau Alison
Kutler for her expertise on what the TCPA means for
the electronic security industry.
What should security industry business
owners and executive leadership know
about TCPA and the FCC?
The FCC is responsible for creating rules to
implement the TCPA, interpreting the law, and
taking enforcement action against unlawful
robocallers whenever necessary. Within the FCC,
the Consumer and Governmental Affairs Bureau
(CGB) is tasked with interpreting the statute and
creating rules for Commission consideration. CGB
also receives all of the consumer complaints that
come to the Commission, which we monitor to
identify trends that affect consumers. Unwanted calls,
including telemarketing and robocalls, account for
the highest number of complaints we receive. In the
past year and a half, we have received nearly 270,000
complaints about unwanted calls, including robocalls
and telemarking calls. To be clear, not all robocalls
are illegal or unwanted. Prior consumer consent is
always a good idea before making these calls, and is
generally required for such things as robocalls to cell
phones. We strongly advise companies to review the
rules as they pertain to robocalls. Visit www.fcc.gov/
robocalls for a simple guide.
What is the biggest misconception about
robocalling and spoofing?
One big misconception about robocalling concerns
how the Commission’s rules handle the use of
autodialers. Under the law and Commission’s rules,
the touchstone issue is whether the equipment has
the “capacity” to robocall and not whether a business
is using it to robocall. As a result, oftentimes,
businesses may not believe they are using autodialers
when in fact they are. If you have questions about
whether your equipment is considered an autodialer
under the Commission’s rules, you should contact
the FCC for guidance. We’re here to help. Another
robocalling misconception is that obtaining consent
is difficult. Actually, obtaining consent is made easier
once you identify the types of robocalls you want to
make. For example, if a business is seeking to make
a marketing call to a consumer, it needs to have
the consumer’s consent in writing. In a nutshell, a
business owner should make sure consumers know
of its desire to contact them through robocalls and
confirm that the consumers are okay with it by getting
their consent. It may also be worth noting that
consent cannot be a condition of a sale, or assumed
based on an existing business relationship.
Samantha Park
Marketing Communications
Specialist
Samantha.Park@ESAweb.org
972.807.6811

2. As for spoofing, one misconception is that all spoofing is illegal.
“Spoofing” occurs when a caller deliberately falsifies the information
that is transmitted to your Caller ID in order to mask their identity.
It is often used to trick consumers into handing over their personal
information so it can be used for an illegal activity. There are certainly
legitimate and useful reasons for companies to utilize spoofing. For
example, if a third party is calling a consumer on behalf of another
entity, it is reasonable for the call to be reflected as coming from the
sponsoring entity. Generally, spoofing is a problem when it is being
done for financial gain or to harass someone.
What, if any, are best practices for businesses that use
telemarketing as a method for lead generation?
I cannot overemphasize the importance of consumer consent. Get
consent when required and if you are in doubt about whether consent
is required, still get consent. If you are making a telemarketing call to
a consumer whose number is not on the Do-Not-Call list, make sure
you still get the consumer’s consent in writing. Also, be careful not to
solicit consent via a robocall or robotext. Email, online forms, in-person
exchanges, print advertisements, and phone exchanges are ways business
owners can request consent. A few examples of best practices are:
1. Get consent in writing when required.
2. Keep good records about consumer consent. Such records would
be helpful in responding to allegations of TCPA violations.
3. Make sure that you honor consumers’ requests to revoke consent in
any reasonable way.
4. Keep an eye on the Commission’s rules and those of the Federal
Trade Commission (FTC). Congress may instruct us to refine or
amend our rules at any time.
What should a business do if they are being impersonated
by another company who is conducting illegal robocalling?
Spoofing is one form of impersonation. If that’s what is happening,
a business may want to contact its telephone service provider for
assistance in stopping it. A business can also file a complaint with
the FCC and we will look into the issue. And, of course, if a business
suspects that another company is simultaneously using robocalling
while impersonating them, the FCC can address that through a
complaint as well.
How do text messages fit into the TCPA rules?
The same rules apply for text messages as those that apply to calls to
mobile phones. Consumers tell us that unwanted text messages can be
as annoying as unwanted calls. Therefore, businesses must get consent
to robotext consumers and they should keep in mind that consumers
can revoke consent at any time.
If a consumer requests to be taken off of any call or
distribution list a company has, how long does the
company have to comply?
Thirty days. In addition, if a phone number has been reassigned so that
the intended recipient who had given consent is no longer available at
that number, companies should immediately refrain from calling that
number again.
What are the different forms of consent for telemarketing?
For telemarketing calls, businesses must obtain written consent. If a
business is just relaying information and not trying to sell the consumer
something in the call or text, consent may be given orally. It’s important
to note that if a call includes telemarketing, even if it was initiated for
some other purpose, our rules still require prior written consent.
The new rules for the amended TCPA hit home for the electronic
security industry as it is common for spoofers and predatory scammers
to disguise themselves as a home security business to gain usable data.
With that we must combat this crime by implementing these best
practices into our organizations and doing our part to eliminate the
threat. If you ever find yourself on the other end of a robocall, don’t
engage; just hang up, and then day dream about the 90’s and that rad
hair-do you used to have. You totally pulled it off.
Alison Kutler serves as the Chief of the Consumer and Governmental
Affairs Bureau and Special Advisor to the Chairman for Digital
Opportunity at the Federal Communications Commission. Alison has more
than 20 years’ experience in government and the private sector developing
and leading public policy strategies at the U.S. and global level. 
I CANNOT OVEREMPHASIZE
THE IMPORTANCE OF
CONSUMER CONSENT.