Three years after the introduction of regulations aimed at safeguarding consumers from robocalls, a public interest advocacy organization asserts that under 50% of telecom providers are following these rules.

This situation means many individuals continue to receive bothersome robocalls and robotic texts, increasing their vulnerability to fraud, according to the U.S. PIRG Education Fund.

Despite a 17% reduction in scam robocalls and illegal telemarketing since the federal law was enforced in 2021, only 47% of phone providers have fully embraced the required anti-robocall technology, as stated in PIRG’s newly published report titled “Ringing in our Fears 2024.” The organization has assessed the compliance progress of telecom companies each year since 2021.

Teresa Murray, PIRG’s consumer watchdog director and report author, expressed disappointment: “It’s utterly unacceptable that fewer than half of the phone companies in the nation are fully employing technology to protect their clients,” she told YSL News.

While acknowledging some advancements, Murray emphasized that significant work remains to enhance consumer protection. She pointed out that responsibility does not solely lie with the FCC (Federal Communications Commission) or the telecom companies; the financial services sector, especially banks, also needs to step up to ensure customer safety.

Murray highlighted that increased measures should be implemented to safeguard users of peer-to-peer payment applications like Zelle from fraud risks.

Furthermore, the incidence of scam robotexts has surged nearly threefold since 2021, as “malicious actors have migrated to unregulated text messages over calls,” according to the report.

The FCC, which oversees the telecommunications sector, disagreed with certain claims in the PIRG report.

“It’s inaccurate to assert that most providers are failing to meet caller ID authentication standards,” stated an FCC representative.

Almost all providers are mandated to implement these protective measures in their networks wherever feasible, the spokesman clarified. “In limited situations where implementation is not achievable, all providers are still obligated to take steps to thwart illegal robocalls within their networks, and must submit robocall mitigation plans to the FCC.”

The FCC highlighted that for certain providers, some of their networks still rely on copper wiring rather than Internet Protocol, preventing technological compliance with the requirements.

“This often applies to larger service providers whose service areas may encompass diverse technologies as well as those catering to rural or remote communities.”

What Are the Regulations Regarding Robocalls?

The FCC began implementing measures for phone companies to combat robocalls, starting with the largest service providers in 2021 and extending to smaller companies in 2022 and 2023, as noted in the PIRG report. Currently, only low-tech service providers, such as those utilizing traditional copper lines for landline phones, and a limited number of others granted extensions, can operate without the updated technology.

PIRG stated that not every unwanted robocall and robotext is unlawful, but the majority are. Here’s what is and isn’t permissible, according to PIRG:

• Two types of calls are always illegal: telemarketing calls (including from live operators) if you are on the Do Not Call list, and calls designed to mislead or defraud you.
• Telemarketing calls to home phones are generally unlawful unless you provided prior written consent.
• Telemarketing calls to cell phones are usually illegal without prior written consent, and non-telemarketing calls are typically prohibited without your verbal or written consent.
• Robotexts sent to your cell phone are generally illegal if they are autodialed commercial texts lacking your written consent, and autodialed non-commercial texts without verbal consent.
• Political robocalls and texts differ: political robocalls and texts to cell phones require prior consent, whereas manually sent texts can be sent without prior approval. Political calls with pre-recorded messages need consent beforehand, while political robocalls to landlines don’t require advance consent but are limited to three calls within a 30-day period.

Which Companies Are Non-Compliant?

According to PIRG’s review of publicly accessible reports, the following major U.S. companies are only partially compliant with the robocall technology regulations:

• AT&T Corp
• AT&T Mobility
• Cox Communications
• Liberty Cablevision
• Optimum by Altice
• Sparklite (Cable One)
• Spectrum VOIP

According to PIRG, the companies are not adhering to various sections of the robocall technology legislation.

Reactions from Companies

YSL News attempted to reach out to all relevant companies for their statements, along with two trade associations within the telecommunications sector.

A representative from US Telecom, which represents a large part of the industry, asserted that its members are following the law.

“Aside from the few rogue providers that we identify for making illegal calls every day, carriers have complied,” stated the representative, mentioning that the FCC’s guidelines do not mandate the use of anti-robocall technology on older networks or those employing copper wiring.

The spokesperson further noted that the FCC has required carriers to establish “call authentication standards” for non-Internet Protocol networks.

“Carriers are complying with this requirement, and this work is ongoing,” the spokesperson added.

An AT&T representative mentioned that the firm is adhering to the regulations for the “Internet Protocol (IP) section of our network” and that they will continue collaborating with the FCC and industry peers to safeguard consumers against unwanted robocalls.

A spokesperson from Altice USA / Optimum reported that the company is complying with the regulations but has one segment of its network that hasn’t been shifted to Internet Protocol yet. They explained that this segment has received an FCC extension.

A Cox Communications spokesperson also indicated that the company is compliant with its IP networks and has an extension in place for its non-IP networks, which constitute less than 1% of its business clients relying on outdated telephone systems.

In a phone interview, Garrett Hill, CEO of X2nSat, explained that while his company filled out the FCC-required report and selected the option stating they were not compliant, it operates as a satellite phone provider and does not offer consumer phone services. He feels the regulations do not apply to his company.

How Can Consumers Safeguard Themselves?

PIRG offers the following suggestions:

1. Register for the Do Not Call Registry at www.donotcall.gov. While it won’t eliminate all unwanted calls, it offers you additional rights.
2. If you receive an unexpected call, text, or email, refrain from responding. If you suspect it might be legitimate, find the contact number independently and reach out to the organization.
3. Avoid making payments if you receive unexpected requests for money through any quick payment methods or gift cards. Don’t be misled by urgent messages.