Unwanted calls are the FCC’s top consumer complaint. Under the Telephone Consumer Protection Act (TCPA) and the Truth in Caller ID Act (TICIDA), which amended the Communications Act, certain unwanted communications are unlawful.  

As the primary FCC unit responsible for enforcing the Communications Act (along with its implementing regulations and various licensing terms and conditions), the Enforcement Bureau (EB or Bureau) conducts nonpublic investigations into unwanted communications for potential TCPA or TICIDA violations:

• Robocalls, Telemarketing Calls, and Junk Faxes. The TCPA restricts unsolicited advertisements both by phone call and by fax, and the use of automatic telephone dialing systems and artificial or prerecorded voice messages (i.e., robocalls). Pursuant to the Commission’s unanimous Declaratory Ruling that the TCPA’s restrictions on the use of “artificial or prerecorded voice” covers AI technologies that generate human voices;

• Malicious Caller ID Spoofing. Section 227(e) of the TICIDA prohibits someone from causing the display of false or misleading caller ID (spoofing) with the intent to defraud, cause harm, or wrongfully obtain something of value; and

• Robotexts. Text messages are generally treated as a type of telephone call subject to the requirements of the TCPA, including do-not-call provisions that govern commercial advertising messages and restrictions on the use of automatic telephone dialing systems. In addition, text messages are subject to the TICIDA, which prohibits Caller ID spoofing that is undertaken for fraudulent or harmful purposes. 

These investigations may lead to a negotiated settlement or an enforcement action. EB may also classify wrongdoers as a “Consumer Communications Information Services Threat” (C-CIST), which facilitates coordination with state, federal, and global regulatory and law enforcement partners. The C-CIST designation is warranted when the Bureau finds misconduct that poses a significant threat to consumer trust in the integrity of communications information services, such as repeatedly facilitating robocall campaigns aimed at defrauding or harming consumers.