Seize and Desist: How the FCC Can Stop Robocallers

(Source) Spam callers have averted the Telephone Consumer Protection Act (“TCPA”) to evolve their operations and overwhelm Americans with billions of spam calls. These spam calls can use fraud, blackmail, and lies to solicit information and payment from vulnerable Americans. In fact, a February 2021 Business Insider survey found that 46% of Americans receive daily spam calls. When spam calls are this prevalent, there are questions of how robocallers can subvert the TCPA to target vulnerable Americans. Although spam calls target both rich and poor targets at similar rates, a particular concern arises when money is stolen from poor Americans, as these individuals have fewer legal resources to recuperate their money. Further, 85% of older Americans are targeted as compared to 66% of their younger counterparts, which is especially troubling since these individuals often do not have the technical literacy to understand that spam calls are in fact illegitimate attempts to scam them of their money.  The process by which robocallers reach American consumers typically works as follows: First, a company seeking to sell an item reaches out to a robocalling company and forms a contract with the robocalling company. A robocaller then uses a gateway carrier to connect with [read more]