Did you hear about the FCC's $2.88 million Dialing Services Inc. fine? It's important because it shows the reach of the FCC’s implementation power concerning platform providers. Dialing Services did not conduct the robocalls. But the FCC determined Dialing Services platform had been so connected in the deployment of the calls, it was like the company had done the deed itself.
FCC had enough of platform providers?
This has been going on a long time. In 2012 the FCC issued a warning against Dialing Services for 4.7 million pre-recorded calls delivered over three months. The FCC warned further pre-recorded calls would expose it to fines. Dialing Services petitioned to have the citation reconsidered and rescinded, but the FCC took no action.
A year later in June 2013, the FCC found Dialing Services’ platform had been contracted to deliver another 184 pre-recorded calls to cell phones after the citation, thus the $3 million fine. The good faith drop from 4.7 million calls to 184 was not acknowledged by the FCC.
"I didn't make the calls" defense rejected.
The FCC refused Dialing Services’ claim that it did not “make” any of the calls itself, but had only provided equipment,
Maximum fine proposed and upheld.
The FCC went on to recommend the maximum fine – $16,000 for each of the 184 calls. They remarked these calls were made after the company had already received a citation. And referred to
Bad news for dialer platform providers.
So if you are a call platform provider or one of the
If your company is involved in illegal robocalls - watch out!
Hey, if the FCC can go after dialer platform providers - anyone in the call chain is fair game. And FCC Chairman Ajit Pai wants you to know that Dialing Services was “not the unwitting conduit or passive technical support service it claims to be." Still, not everyone agrees. Republican Commissioner Michael O’Rielly said the Commission was “opening a huge can of worms” by finding Dialing Services answerable for TCPA infractions when its software had multiple lawful applications, none of which were discussed in the FCC’s decision.
But Chairman Pai is in charge now. So it could be a bumpy ride for call service platform providers with clients wanting to push the compliance envelope.
For more information on prudent, cost effective TCPA protections for your business, just call me at 561-317-3001 or email me here - Bob