Calling Platform Provider Fined Almost $3 Million for Allowing Illegal Robocalls to Consumers
The company allowed illegal robocalls made through its calling platform to continue despite a warning from the FCC
The Federal Communications Commission (FCC) has issued a $2.88 million fine against a company called Dialing Services—based in New Mexico—for facilitating unlawful robocalls.
According to the FCC, robocallers used Dialing Services' calling technology platform to make millions of illegal robocalls to mobile phones without express prior consent from consumers.
Telephone Consumer Protection Act
In 2013, the FCC's Enforcement Bureau formally warned Dialing Services that it could be held liable for robocalls its customers were making in violation of the Telephone Consumer Protection Act (TCPA).
The TCPA prohibits autodialed phone calls, robocalls, or texts to wireless phones in most instances unless the caller has the prior express consent of the called party.
Despite warning, unlawful calls continued
Following that warning, the Bureau investigated and determined that Dialing Services' platform was still being used to make unlawful robocalls to consumers.
The FCC says that the $2.88 million fine against Dialing Services reflects its determination that Dialing Services was involved in making 180 unlawful robocalls after being warned to stop.
The Commission has made clear that a third party, such as a platform provider, may be liable under the TCPA if the platform provider is so involved in the placement of a call that it essentially made the call.
In this case, Dialing Services played a significant role in the illegal robocalls, and thus should be held liable for violating the TCPA. For example, Dialing Services' platform automatically blocks the originating telephone number and enables caller ID spoofing.
report illegal robocalls and other violations
The FCC reminds consumers that complaints are an essential tool in its enforcement efforts. To file a complaint with the FCC regarding unwanted robocalls or other telecom issue, visit the FCC's website or call (888) 225-5322.