FCC Proposes Largest Fine Ever for Robocalls Under TCPA

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The FCC on Friday voted to propose a $45 million fine against a company that conducted an apparently illegal robocall campaign to sell health insurance under the pretense that the annual enrollment period had been reopened because of the Coronavirus pandemic. FCC Chairwoman Jessica Rosenworcel said it’s the largest robocall fine ever proposed by the agency under the Telephone Consumer Protection Act. 

Even so, Rosenworcel says the FCC needs more authority to go after robocallers. “We need more tools to catch those behind these calls including the ability to seize assets and stop them in their tracks,” she said during the 4-0 vote.  

Concerning the case at hand, Interstate Brokers of America is a Ft. Lauderdale, Florida-based lead generator run by Gregory Robbins which also does business as National Health Agents. In a Notice of Apparent Liability for Forfeiture, the Commission says Robbins’ companies apparently made 514,467 unlawful robocalls without subscribers’ prior consent or an emergency purpose. The bulk of the robocalls, 514,196, were made to wireless phones and 271 to landlines.

The company left prerecorded voice messages marketing its clients’ insurance plans. Voice recognition software would identify when a consumer answered the call. If a consumer responded by pressing a number on their phone, or by staying on hold, the system automatically transferred the call to a call center operated by Interstate Brokers. Consumers were then offered insurance products sold by one of several insurance companies that had hired Interstate Brokers

Robbins will have a chance to respond to the NAL, and the Commission will consider the party’s submission of evidence and legal arguments before acting further to resolve the case.

By Leslie Stimson, Inside Towers Washington Bureau Chief

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