FCC's $120 Million USD Proposed Fine Will Make Robocallers Put the Phone Down
"I can make you put your phone down I can make you, I can make you I can make you put your phone down,"
Ms. Erykah Badu harmonizes on Phone Down, symbolizing what Federal Communications Commission ("FCC"), has done in a Citation and Order issued on June 22,2017. It is directed to Adrian Abramovich, Marketing Strategy Leaders, Inc., and Marketing Leaders, Inc. FCC has identified Mr. Abramovich as the leader and operator of a fraudulent scheme involving prerecorded messages and wire fraud. The proposed fine will set a record for the highest fine against an individual.
Under 47 U.S.C. 227, it is unlawful for anyone within the US to initiate a call (or receive a call from outside of the US), using any automatic telephone dialing system, or an artificial/prerecorded message. These types of call are prohibited to any telephone number assigned to:
-a paging service,
-cellular telephone service,
-specialized mobile radio service, or other radio common carrier service, or
-any service for which the called party is charged for the call, unless such call is made solely to collect a debt owed to, or guaranteed by, the United States. 47 U.S.C. 227 (b)(1)(A)(iii).
Often consumers are unaware of the regulations governing repeated prerecorded marketing calls to cellular devices and are unaware of channels for alleviating the harassment. Although the FCC has evidence from the last quarter of 2016, the investigation is ongoing. Businesses and individuals who have endured similar calls and treatment should seek professional legal advice for assistance.