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FCC Begins Rulemaking Process to Allow Blocking of “Spoofed” Number Calls

The Federal Communications Commission unanimously voted at its March 23, 2017, “open meeting” to begin the process for adopting rules allowing carriers to block “spoofed” number calls.  These are calls that use a reputable or commonly-known telephone number to mask the actual originating number.  The proposed rules would allow carriers to block calls purporting to originate from telephone numbers that (1) are not assigned to a subscriber, (2) are invalid, or (3) are assigned to a subscriber expressly requesting that its number not be spoofed.  In his remarks, Chairman Ajit Pai indicated that the proposed rules are needed to target scammers impersonating federal agencies, such as the Internal Revenue Service, and to protect consumers from unwanted solicitations.  Commissioner Michael O’Rielly indicated that the proposed rules aim to address illegal “robocalls” in a manner that does not affect legitimate businesses, as opposed to prior efforts to regulate such calls under the Telephone Consumer Protection Act, 47 U.S.C. § 227.  The proposed rules and accompanying comments suggest an effort by the now Republican-controlled FCC to issue rules specifically intended to block unwanted robocalls, often from overseas, intended to defraud consumers.

The FCC approved both a Notice of Proposed Rulemaking and a Notice of Inquiry to solicit feedback from consumers and other parties with an interest in the proposed rules. Comments on the proposed rules will be due within forty-five (45) days after publication in the Federal Register. Final rules are unlikely to take effect earlier than late 2017.

Copyright 2019 K & L Gates

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Pamela Garvie, KL Gates Law Firm, Public Policy Attorney
Partner

Ms. Garvie represents transportation, media, retail, and other business clients before the Congress and federal agencies on issues dealing with economic, safety, and security regulation, advertising and programming restrictions, and taxes and trade.  She also provides customized intelligence and analysis to institutional investors and hedge funds on a broad range of federal legislative and regulatory activities that impact their investments.  Among other matters, she led the firm’s successful efforts to create federal funding programs in rail safety and...

202-661-3817
Andrew Glass, KL Gates Law Firm, Financial Litigation Attorney
Partner

Mr. Glass is a partner resident in K&L Gates’ Boston office, and a member of the firm's Consumer Financial Services Litigation and Class Action Litigation Defense groups, with extensive experience in complex commercial litigation. Mr. Glass's practice focuses on the defense of federal and state class action litigation brought against consumer financial services, mortgage lending, and consumer credit institutions. These class actions concern challenges under federal statutes, including the Fair Housing Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Real Estate Settlement Procedures Act, Truth in Lending Act, Telephone Consumer Protection Act, and Racketeer Influenced and Corrupt Organizations Act, state unfair and deceptive acts and practices statutes, and common law claims. He also represents consumer financial services institutions in government enforcement proceedings and individual litigation matters.

617-261-3107
Joseph C. Wylie II, KL Gates Law Firm, Commercial Litigation Attorney
Partner

Mr. Wylie’s practice focuses on complex class-action defense and complex commercial litigation with a particular emphasis on consumer and securities matters. He represents clients in defending against a wide range of individual and class-action consumer claims, including consumer fraud actions and claims brought under the Telephone Consumer Protection Act. He also represents investment advisers and mutual fund families in connection with government investigations and investor claims, including claims made under the Investment Company Act. Mr. Wylie also represents...

312-807-4439
Gregory Blace, KL Gates Law Firm, Class Action Litigation Attorney
Partner

Mr. Blase is a partner in the Boston office of K&L Gates where he is a member of the firm's Class Action Litigation Defense group. Mr. Blase has experience in complex commercial litigation, and has represented mortgage lenders, servicers and other financial institutions in class action and individual suits under the Telephone Consumer Protection Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Truth in Lending Act, Fair Housing Act, Equal Credit Opportunity Act, Real Estate Settlement Procedures Act, and various state unfair and deceptive practices...

617-951-9059
Matthew Houston, Complex Commercial Disputes Attorney, KL Gates Law Firm
Associate

Matthew Houston is an associate in the Raleigh office and focuses his practice on complex commercial disputes, with an emphasis on financial services litigation, contract disputes, and corporate restructuring and bankruptcy. His practice also encompasses labor and employment and real estate litigation matters.

Mr. Houston’s experience includes litigating and resolving a variety of commercial contract disputes, representing lenders in litigation and loan workout matters, advising and representing secured and unsecured creditors in bankruptcy...

919-743-7322