By: Jered Osterby
You may have noticed that suspicious calls to your phone have recently started being labeled “scam likely” or “spam likely.” This results from the most recent effort by Congress and the telecom industry to combat the growing problem of robocalls. The Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”) was recently passed in December of 2019 as the first step in diminishing the number of intrusive robocalls. It gives telecom providers the tools necessary to identify robocallers and protect consumers.
the problem with robocalls
The rise of fraudulent robocalls is a common nuisance for individuals, including entrepreneurs who have their personal number “out there,” but it can be a bigger problem for businesses. Business owners must constantly deal with incoming robocalls that slow down efficiency in the workplace. Businesses are having a difficult time connecting with clients and business partners who no longer answer their phones. And who can blame them for leaving the phone down? According to Consumer Reports, U.S. phone users received billions of robocalls this past year, and that number is continuing to grow. It is no mystery most people these days simply do not answer calls from unknown numbers!
how the traced act may help
With the TRACED Act, business owners can be assured that the end of bothersome robocalls is drawing closer. Legislators and the telecom industry praise the new legislation as the first meaningful protection for American phone users.
“This bipartisan bill unquestionably moves the ball forward to protect consumers from unwanted robocalls, especially by requiring that all telephone systems in the U.S. implement a coordinated authentication methodology to improve the accuracy of the caller-ID displayed on our phones.” – Margot Saunders, National Consumer Law Center Senior Counsel
However, the fight is far from over. The new legislation does not clarify what constitutes “consumer consent” to receive robocalls and how one may go about withdrawing their consent. It also increases penalties for domestic robocall offenders but lacks the reach to deter international robocallers from targeting U.S. phone users. Quite simply, the law has not yet caught up to the technology, and robocallers will continue to exploit the gaps and loopholes for as long as they can.
what you can do now
For the time being, here are some steps you can take to protect yourself and your business from robocalls:
- Screen your calls
Not answering unknown numbers is the easiest way to avoid robocalls. Still, if your business uses phones to connect with clients often, you should record a voicemail message that lets clients know you are screening your calls and will return calls from clients right away. Unfortunately, you will still have to listen to all the voicemails you receive (including the robocalls) and respond to each appropriately to ensure your business continues to run efficiently.
- Hang up and do not say anything
Despite your best efforts, robocalls will inevitably get through at some point. If you do happen to answer a robocall, hang up at once. You should resist any temptation to respond to the robocaller you inadvertently find yourself on the line with. Responding to a robocall will only encourage the robocaller to keep calling your number; they will now know your phone number is active. The key is to hang up at once. Robocall scammers will often use any response to justify charging fees to your phone number. If it is important, the person will leave a voicemail. However, be mindful that robocallers are still very capable of leaving voicemails that sound important by impersonating a credit card company or Social Security agency. So, the responsibility is still on you to screen your voicemail messages carefully.
- Do your homework
To avoid future inconvenience, do not feel obligated to return all missed phone calls without first researching the unknown call’s origins. If you are unfamiliar with a number, try searching the number online before calling back. Most companies have their number listed online, and individuals can be found in online directories quickly. The responsibility to verify a caller’s identity is unfortunately on you for the time being. It can be time consuming but worth the time.
- List your phone numbers with the DNC
By signing up to the Do Not Call (DNC) Registry, you, as an individual, can ask that your landline or cell number be removed from the legitimate telemarketing company’s call list. As a result, you will get fewer calls from legitimate businesses trying to hawk the latest gizmo or budget insurance plan. However, robocallers do not exactly play by the rules, and the registry will not stop illegal robocallers from ignoring the list and contacting you. Unfortunately, the DNC registry does not apply to business numbers. Currently, business numbers cannot sign up for the DNC Registry. This is an oversight that hopefully will be fixed in the future.
- File a complaint with the Federal Trade Commission and the Federal Communications Commission
The Federal Trade Commission (“FTC”) has compiled a database of known robocallers. This list is used by call-blocking services and telecom providers to update their call blocking lists and protect their customers. In the past, reporting robocallers to the FTC had little deterring effect on robocallers. However, with the advent of the TRACED Act and the stronger enforcement provisions it carries, the authorities now have more power to hunt down and prosecute the more prolific offenders.
- Set up an automated receptionist
Businesses that use landlines are less prone to robocalls in part to the growing use of automated receptionists. Robocallers tend to lack technical sophistication or the patience to get through an automated receptionist to a real person. Rather than engage a fellow robot on the line, most robocallers will quickly move on to the next number on their list, leaving you in peace. Setting up an automated receptionist in your office is highly recommended as it will save you time and hassle blocking robocalls manually.
- Consider added robocall-blocking protection
Most major telecommunications companies, such as AT&T, Sprint, T-Mobile, and Verizon, offer services that automatically block calls or alert you of incoming calls that may be from potential scammers at no added charge. However, you may be able to buy further protections from your carrier or third-party app for an added fee. There are also free apps such as Hiya, Mr. Number, RoboKiller, and YouMail. If you use a landline, Nomorobo, which normally charges $2 per month for its service is also free.
NOTE: If you are planning to download a robocall-blocking app, keep in mind that it involves sharing a lot of sensitive personal information with these companies. Nomorobo does not access your contact lists, but some free apps do.
Alternatively, if you use a Google Pixel smartphone, it should come equipped with the program Call Screen. When receiving a call from an unknown number, you can simply tap the “screen call” choice on your screen, and Google Assistant will answer the call for you, asking the caller to identify themselves and why they are calling. The caller’s response is displayed in real-time on your screen, and you can choose to answer the call at any time. If it is a robocaller, you can report the call to Google as spam and hang-up with a single tap. The number will then be permanently blocked on your device. The tool also lets you select a few automated responses, such as “I’ll call you back,” if preferred.
This technology should become available on other Android devices soon.
- Update your contacts list
The easiest way to avoid robocalls without missing important clients’ calls is to keep a comprehensive contact list and let Caller ID do the work for you. It seems intuitive, but for many business owners, the hassle of imputing names into one’s phone was unnecessary as caller ID could easily be relied upon in the past before the robocallers began disguising their number.
If you feel you have a comprehensive and up-to-date contact list, you may wish to enable whitelisting. Whitelisting is similar to the Do Not Disturb feature on most cellphones, except you will only receive alerts from your phone for callers already in your contact list. Of course, enabling this feature will not stop robocalls, and you may miss calls from someone who is not on your contact list, like a new customer or a supplier, etc.
- Upgrade to a larger telecommunications carrier
The TRACED Act has allowed for modern technology and strategies to be implemented in the fight against robocalls, but smaller carriers are slower on the uptake and have not yet upgraded their digital infrastructure to the level needed for these strategies to work effectively. Many small businesses, especially in rural areas, are still using old analog technology and cannot afford to upgrade to digital. It often presents a huge financial and logistical challenge. These businesses are particularly susceptible to illegal robocallers. The Federal Communications Commission (“FCC”) has yet to find alternative effective robocall mitigation methodologies to protect these businesses. If your business has the resources to go digital, it will reduce intrusive robocalls.
- Be on the lookout for impostors
Robocall scammers could be exploiting your brand. This is a growing issue for large businesses with easily identifiable and trustworthy brands. Robocallers can use your reputation by impersonating your business on the phone. They can then get credit card information and commit various fraudulent acts. Unfortunately, businesses need to carefully manage their reputation on phone networks until a more permanent solution is found.
- Play your part
Unfortunately, individuals do not have much power in the fight against robocalls. However, you can still play a part by supporting the adoption of new standards for telecom providers such as the TRACED Act. You can also choose to support telecom providers actively combating robocalls with modern technology as the lasting change will require an industry-wide effort.
Businesses that cold call or utilize robocalling to solicit new customers must pay heed to the DNC Registry. The Registry can be downloaded and the business can “scrub” its potential call list with those numbesr on the registry. In other words, the Registry provides a business with a list of numbers it cannot call. The Federal Trade Commission is the enforcement agency of the DNC Registry and it will be in contact with any business that does not do this.
Jered Osterby, at the time of this post, is a first-year law student at Penn State’s Dickinson Law. He is from Vancouver, Canada, and a graduate of Simon Fraser University. He intends to pursue a career in transactional law after graduation.
Sources:
https://www.consumerreports.org/robocalls/how-traced-act-robocall-law-will-protect-consumers/
https://www.journalofaccountancy.com/newsletters/2019/aug/stopping-scam-calls.html
https://www.fcc.gov/news-events/blog/2020/03/09/robocall-relief-springs-forward
https://techcrunch.com/2019/12/31/traced-act-signed-into-law-putting-robocallers-on-notice/
Photo Sources:
https://www.forbes.com/sites/quickerbettertech/2020/09/13/google-has-a-fix-for-robocallsand-other-small-business-tech-news/?sh=60460c4450ac
https://www.usatoday.com/story/money/business/2019/07/31/robocalls-not-only-interrupt-business-they-can-costly-small-firms/1872431001/
https://www.bbb.org/article/news-releases/23020-bbb-tip-what-you-should-know-about-robocall-blocking-apps