Man Accused of Making Millions of Robocalls Faces Biggest-Ever FCC Fine
npr.org
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I was getting a couple of calls a day from this campaign for a while. It was pretty easy to recognize -- but it was still pretty annoying. Multiply that by a few million, and the amount of time wasted must be immense.
All that misery he put out into the world and he probably only made around $20K/yr (probably from mentally vulnerable/disabled populations). Have any of you ever actually purchased a cruise vacation from a robo-caller that spammed you in the middle of the night?
No. It doesn't cost that much money to make millions of robocalls.
100 phone lines
* 60 minutes (1 minute recording length)
* 14 hours of spamming per day
* 365 days of the year
~30,000,000 calls a year
>And will there be also personal sanctions for the individuals responsible for this?
The law always confuses me on this, so I can only go into what is theoretical. Two concepts come up: vicarious liability and piercing the corporate veil. Vicarious liability is when one entity is responsible for another entity's actions. Usually the concept applies with CompanyX contracting SpamConduitY. CompanyX says "no! We didn't make the calls, SpamConduitY did!" Vicarious liability holds the party who requested the performance of the calls accountable so that CompanyX can't just blame it all on SpamConduitY.
Theoretically, the same could apply to Spam Man. The FCC or a litigant could argue Spam Man is vicariously liable for the actions of SpamConduitX.
It's certainly possible that Spam Man's company SpamConduitX only had one employee: Spam Man. If that's the case, there is always a possibility of a determination that SpamConduitX is just an "alter ego" of Spam Man. Piercing the veil is said to be a rare event.
Contrary to what other people said, you don't need a special line or to involve a specialized company. Almost all opensource VOIP systems allow you to spoof caller ID with a configuration setting or a little scripting/programming.
It's not illegal to spoof caller ID in the US. Many companies spoof a main call-in number from all of their employee's desks. Some morally bankrupt companies like the New York Times have been found to spoof invalid phone numbers when they harass people through their phone system.
These robo-callers call my cellphone at all hours of the day and night. It really reduces my quality of life. I have to have my phone on at night because I'm perpetually on call. There was a span of nearly a month where I was woken up between 1AM and 3AM by someone telling me I won a cruise vacation.
Caller ID spoofing is probably the technology that best shows how poor engineering when thinking through communication protocols can have a massive negative impact on the world.
Caller ID spoofing is also the technology that allows people to "SWAT" celebrities all the time (using just a home PC) with virtually zero chance of ever getting caught.
The kind of odd thing is that these robo-calls have programmed such a gut negative reaction in me to anyone calling me that I will now go to great lengths to not do business with any company that calls me on the phone. Due to getting unrequested phone calls from them, I've dropped a domain registrar, an x86 server manufacturer, and an insurance company. One voice call is all it takes and I am done with the company... even if it is during business hours. I just cannot, and will not, work with a company that calls my personal cell phone with out first being asked to.
If his service was purely playing an automated IVR message and the live call center he hot-transferred to was someone else, I could see him making a custom solution to cut costs. But it'd be fairly easy to make that volume of calls via most enterprise level autodialers without raising any eyebrows as long as there were enough agent licenses to support it.
Most autodialers bake in regulatory compliance functionality and warnings, but the laws that apply are so specific to an individual user that those features can be disabled or overridden and they leave it up to the client to understand what laws their calling must adhere to.
For example, the guy in question would have been legally fine to spam 100mm calls in three months if they had been business landlines, as the federal law they're leveraging for their fine only applies "to emergency phone lines, wireless phones, or residential telephone lines"[1]
[1]In the first paragraph of the order: http://transition.fcc.gov/Daily_Releases/Daily_Business/2017...
:) I hate to break it to you, but phone companies aren't really all that interested in shutting anything down. It's a multi-faceted problem. There isn't a good (agreed upon) way to authenticate calls. Even if that were the case, phone companies are not going to be jumping on the idea of retrofitting the old parts of the network with reverse proxies for this new authenticator.
[0]: http://www.sangoma.com/products/digital-telephony-cards/