Unlawful Communications: Robocalls, Caller ID Spoofing, Do-Not-Call Registry, and Junk Faxes

Federal laws and FCC regulations protect American consumers from unsolicited messages by placing limits on how, when, where, and why a caller may use particular kinds of telephone technologies. Additionally, FCC rules obligate telecommunications providers to take steps to combat unlawful robocalling and help consumers avoid unwanted messages.

• Robocalls, Telemarketing Calls, and Junk Faxes. The Telephone Consumer Protection Act (TCPA) restricts unsolicited advertisements both by phone call and by fax, and the use of automatic telephone dialing systems (autodialers) and prerecorded/artificial voice messages (i.e., robocalls). Restrictions are generally tightest when such calls (including text messages) are made to cell phones or other protected destinations like emergency lines, hospital rooms, or care facilities.
  • Calls to Cell Phones and Other Protected Destinations. The TCPA generally prohibits all non-emergency autodialed and prerecorded calls to cell phones unless the called party has given prior express consent. Consent must be in writing if a prerecorded or autodialed call contains an advertisement. If the cell phone number is on the National Do-Not-Call Registry, all advertising calls – including manually-dialed and live ones – are prohibited unless the called party has an established business relationship with the caller or the called party has given prior express written consent.
  • Calls to Residential Landlines. The TCPA generally prohibits prerecorded advertising calls to residential landline numbers unless the called party has given prior express written consent. If the residential landline number is on the National Do-Not-Call Registry, all advertising calls – including live ones – are prohibited unless the called party has an established business relationship with the caller or the called party has given prior express written consent. The TCPA does not restrict non-advertising prerecorded or autodialed calls to landlines.
  • Calls to Private Entities. Private entities may submit information about robocalling and spoofing incidents to the Enforcement Bureau by using the Private Entity Robocall and Spoofing Complaint Portal. A private entity is any entity other than (1) an individual natural person or (2) a public entity.
• Malicious Caller ID Spoofing. Under the Truth in Caller ID Act (TICIDA), Section 227(e) 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.
• 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. In September 2022, the Commission initiated a proceeding to consider new rules to protect consumers from malicious and other unwanted robotexts.
• Robocall Mitigation Database Enforcement. The FCC requires voice service providers to file certifications in the Robocall Mitigation Database regarding their efforts to fight illegal robocalls on their networks.
• Reassigned Numbers Database Enforcement. Providers that receive numbering resources from the North American Numbering Plan must report disconnection information on a monthly basis to the Reassigned Numbers Database (RND). The RND helps consumers avoid getting unwanted calls by persons/entities trying to reach the previous owner/user of a telephone number.

Safety Tips

• Consumer Tips to stop unwanted robocalls and avoid phone scams.
• Call blocking tools and resources.

Best Practice for Filing a Consumer Complaint About Unwanted Communications

If you have received an unsolicited robocall, robotext, or fax message, you can file a complaint with the FCC online: File A Complaint.

The Enforcement Bureau relies on information and complaints from consumers to help us identify illegal robocall and robotext campaigns that bombard Americans with unwanted messages every year. There is key information that you can include in a consumer complaint that will greatly assist the Enforcement Bureau’s efforts to track down the perpetrators of these illegal activities. Specifically, please include the number that the robocallers dialed (i.e., the telephone number where you received the call); caller id information (the name and number that appeared on the caller ID); the time and date of the robocall (including time zone if possible); your contact information, in case our investigators would like to speak with you more about the calls you received; and whether the phone you received the call on was a landline phone or a wireless phone.

FAQ on Robocalls and What the EB Does to Prevent Them

A “What is a Robocall” or “Robocalls 101” section with charts or animations. People never get to see how complex the telephone system is. A robocall does not go from the dialer’s computer straight to consumer’s phone. Consumers should understand that this is a complex problem.

FCC Robocall and Robotext Enforcement Actions Since 8/1/2016