Unraveling the Intricacies: TCPA, STIR/SHAKEN, and the Latest Regulatory Updates
July 21, 2023 Comment off
In the ever-evolving world of telecommunications, staying abreast of regulatory updates is paramount. Two key regulatory frameworks that have been making waves recently are the Telephone Consumer Protection Act (TCPA) and the Secure Telephone Identity Revisited (STIR) / Signature-based Handling of Asserted Information Using toKENs (SHAKEN) protocol. This article delves into the intricacies of these regulations, their implications, and other noteworthy regulatory updates.
The TCPA, enacted in 1991, is a federal statute aimed at restricting telemarketing communications via voice calls, text messages, and fax. The Act was designed to protect consumers from unsolicited and intrusive communications from businesses. It mandates that businesses must obtain prior express written consent from consumers before making auto-dialed, prerecorded, or artificial voice calls.
The penalties for non-compliance can be severe, ranging from $500 to $1,500 per violation. In recent years, there has been a surge in TCPA litigation, making it crucial for businesses to ensure compliance.
STIR/SHAKEN is a framework developed to combat caller ID spoofing, a technique used by scammers to trick call recipients into thinking they’re receiving a call from a trusted entity. This protocol ensures the caller’s identity is securely attested and verified through cryptographic certificates.
Implemented by the Federal Communications Commission (FCC), STIR/SHAKEN became mandatory for all voice service providers in the United States in June 2021. Non-compliance can lead to penalties and even blocking of voice traffic by other providers.
The Impact of STIR/SHAKEN and TCPA
The implementation of STIR/SHAKEN and the stringent rules of TCPA have significant implications for businesses. They necessitate changes in operational procedures, particularly in customer outreach strategies. Businesses need to ensure they have the necessary consent for outreach and that their caller IDs are verified and trustworthy.
Other Regulatory Updates
In addition to TCPA and STIR/SHAKEN, several other regulatory updates are worth noting. The TRACED Act, signed into law in December 2019, enhances the FCC’s ability to combat illegal robocalls. The FCC has also proposed new rules to further protect consumers from unwanted calls and texts, demonstrating a continued focus on consumer protection in telecommunications.
In the dynamic landscape of telecommunications, regulatory compliance is not a one-time task but an ongoing process. Understanding and adapting to regulations like TCPA and STIR/SHAKEN is crucial for businesses to maintain consumer trust and avoid hefty penalties. As the industry continues to evolve, staying informed about regulatory updates will be key to navigating the future of telecommunications successfully.