Pepsi and the NRA did not respond to requests for comment. Our mission is protecting consumers and competition by preventing anticompetitive, deceptive, and unfair business practices through law enforcement, advocacy, and education without unduly burdening legitimate business activity. Start Printed Page 52842 She is based in Washington. The data in turn informs the Commission's policy work, serves as a deterrent to companies the Commission regulates and contributes to consumer protection efforts. Several told NBC News that spending money on this kind of recruitment for protest runs counter to the purpose of their donation. Further Information. Commenters suggested that the Commission consolidate the new portal and its existing informal consumer complaint process, which the Consumer and Governmental Affairs Bureau administers, or better distinguish the two processes by defining private entity to exclude consumers. Interviews and records indicate managers at both firms once worked at a Zeitlin company called Courtesy Call. Before sharing sensitive information, make sure youre on a federal government site. . The Commission has a well-established process for individual consumers to submit complaints about unwanted and suspected illegal robocalls and spoofed calls: The Commission's informal consumer complaint process, which the Consumer and Governmental Affairs Bureau oversees. A week later, Armstrong said, he was rehired to help raise money for political action committees. While acknowledging that every industry has its bad apples,he wrote: To this day it strikes me as odd that an industry that has over the years hired hundreds of thousands of people (perhaps millions), many of whom had trouble holding down more traditional day jobs, would become such a punching bag for the government and the media.. The "Committee for Police Officer's Defense" (CPOD) was configured in order to complete an intrinsic goal. While we encourage private entities to make use of the registered consortium's resources, we decline to mandate that private entities must coordinate with the consortium prior to submitting information to the Commission. (b) For the purposes of this section, the term private entity shall mean any entity other than a natural individual person or a public entity. Furthermore, we agree with commenters that the Bureau should protect the confidentiality of information submitted through the portal, especially because the data may include personally identifiable information or customer proprietary network information. Looking for legal documents or records? He said only that it was based in Florida; Reuters could not determine the specific jurisdiction. By Laura Strickler and Lisa Cavazuti. Another enforcement action relied extensively on information from an industry group, the USTelecom's Industry Traceback Group (Traceback Group). should verify the contents of the documents against a final, official Though scam PACS have no standard definition and cant be definitively counted, a review of Federal Election Commission records suggests they account for a sliver of the some 6,800 PACs in the country. edition of the Federal Register. The Commission vigorously enforces violations of section 227. or call the FCC's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Reuters Investigates offers several ways to securely contact our reporters. documents in the last year, 20 Like many such telemarketing centers tucked away in strip malls or office parks, it offered no clues to what went on inside. it is ordered It is further ordered How do I know you are telling the truth or the people who talked to you are telling the truth? he said. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, we previously sought specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees. According to John Riggins,. Generally, those in the informal network portrayed themselves as charitable, gave little to the causes they promoted and relied principally on small donors. Section 227(e) prohibits unlawful spoofingthe transmission of misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value. , pursuant to sections 4(i), 4(j), and 227 of the Communications Act of 1934, as amended, 47 U.S.C. Now I'm not knocking on Mr. Fotis, I'm just reporting on what I have found and I thank him for his service in the Army and as a Police Officer. Use of the portal is completely voluntary and we impose no new requirements on small businesses. We are appalled and condemn these actions in the strongest possible terms and have communicated that to RAGA. It also has roots in charity fundraising. The TRACED Act directs the Commission no later than June 30, 2021 to prescribe regulations to establish a process that streamlines the ways in which a private entity may voluntarily share with the Commission information relating to violations of section 227(b) or 227(e) of the Communications Act. Some of the most aggressive actions against allegedly deceptive PACs and their fundraisers have come from state or local law enforcement officials. that, pursuant to 1.4(b)(1) and 1.427(a) of the Commission's rules, 47 CFR 1.4(b)(1), 1.427(a), this Report and Order and the amendments to parts 0 and 64 of the Commission's rules, as set forth in the current document as it appeared on Public Inspection on Mailing address: 8228 FAWN MEADOW AVE LAS VEGAS, NV 89149. on If an individual consumer mistakenly files a complaint with the new portal, the Bureau will forward the complaint to the Consumer and Governmental Affairs Bureau. This table of contents is a navigational tool, processed from the This robocall tip line will provide a streamlined process for reporting potential violations, and will enable the Enforcement Bureau to respond quickly to disruptive robocalling events. Section 227 of the Communications Act of 1934, as amended (the Communications Act), is designed to protect consumers from unlawful robocalls. Jan. 8, 2021, 5:36 PM PST. 21. Federal campaign records tell part of the story. on FederalRegister.gov (c) Compliance dateparagraph (a) of this section contains a voluntary information collection. Find the resources you need to understand how consumer protection law impacts your business. ) on December 8, 2020, proposing to establish a streamlined process for private entities to submit information about robocall violations to the Commission. It was viewed 36 times while on Public Inspection. But Lee Goodman, an election lawyer and former commissioner who is a Republican, said its dangerous for the government to decide which committees are scams based on how much they spend on causes. Thus, if Congress had intended to include individuals, we presume that it would have used the term person. Moreover, in other statutes the term private entity is often used to refer to organizations rather than individuals. We amend our rules to establish a streamlined process for private entities to submit information about violations of Sections 227(b) and 227(e) of the Act to the Commission. For example, in two enforcement actions, a medical paging company was a key source; it informed the Bureau that the paging company's phone lines were being bombarded by spoofed robocalls. on In the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), Congress directed the Commission to establish regulations to create a process that "streamlines the ways in which a private entity may voluntarily share with the Commission information relating to" a call or text message that violates . It is not an official legal edition of the Federal In the 2 year period examined by Reuters, records show, TPFE and three other Zeitlin firms earned more than $27.6 million for PAC fundraising. 503, 132 Stat 348, 1091. The Public Inspection page may also Coffee is for Closers Only, read another. The .gov means its official. But because that suggested donors were contributing directly to purchasing new gear, the callers said they were told by managers to adjust their language. by the Foreign Assets Control Office Caller type: Scammer/Fraudster. Listen; Transcript I'm glad you picked up I'll get my answer machine voice ready. documents in the last year, 83 Learn more here. While in the Shelby County Jail on a felony charge of stealing a truck, Dellinger said he began working at a center in suburban Birmingham then known as Charity Promotions as part of his government-sponsored work release program. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) relating to this Report and Order. You are not lying, but you are being extremely misleading. 14. Together Politicause and Pledge Assistance earned close to $20 million between January 2017 through mid-2019 raising money for PACS, campaign finance records show. Braille, large print, electronic files, audio format, etc.) headings within the legal text of Federal Register documents. Weintraub and a fellow Democratic commissioner wrote a memo to that effect in 2016. the material on FederalRegister.gov is accurately displayed, consistent with There should be more transparency on this to protect consumers, he said. documents in the last year, 822 Even so, Reuters identified a loose network of fundraising companies and PACs that quickly grew into a money-making force, with some ranking near the top fundraisers in the period stretching from January 2017 through mid-2019. People are getting ripped off, Weintraub said in an interview. Through interviews with the former callers and donors, reviews of call scripts and visits to threecall centers in Alabama, Reuters has obtained rare access into the world of these for-profit fundraisers, a tiny but lucrative niche of the multi-billion-dollar U.S. telemarketing industry. Most of the guys that are real good are felons., Regulators responsible for protecting U.S. consumers from potentially unscrupulous fundraisers face a bedeviling new challenge: the scam PAC.. In Montgomery County, Maryland, the consumer protection office recently won a settlement against a super PAC called Heroes United, run by Zachary Bass of Baltimore. Police officers defense back. Even as they charmed millions from credulous donors, a dozen former callers for two major fundraisers told Reuters that they knew their companies would be keeping the vast majority of it. This definition is consistent with common usage. legal research should verify their results against an official edition of First, we find that there is value in maintaining the separate informal consumer complaint process. The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. The Sylacauga call center employed work release inmates, an arrangement that apparently ended before 2018, the former callers said. Bass, who set up several other super PACs, declined to comment. We agree with the commenters and therefore exclude individual natural persons from the definition of private entity. The Do Not Call law, the FTCs major weapon in policing telemarketing, does not apply to political calls, which have protections under the U.S. Constitution. About 82% of the money, $13.8 million, went to Zeitlins firms, while Piaro collected $190,613 in salary from the PACs, according to the records. Those calls used a recording of Trump's . https://ecfsapi.fcc.gov/file/06171386503472/FCC-21-75A3.pdf. An official website of the United States government. It spent $103,700 on behalf of House candidates about 3% of the total, and it has contributed nothing directly to veterans groups. 12. 727-351-8757 "Committee for Police Officer Defense" illegal-telemarketing, likely a SCAM- this guy will call you daily, weekends, nights too, over and over from ever changing different numbers & using different fund names. The portal is available for use by private entities that wish to submit information about suspected robocall or spoofing violations. fcc504@fcc.gov adopted . 05/04/2018 05:04 AM EDT. A Rule by the Federal Communications Commission on 09/23/2021. One FAQ, given to callers at Politicause and reviewed by Reuters, shaped the fundraising pitch for asuper PAC called the American Coalition for Injured Veterans. establishing the XML-based Federal Register as an ACFR-sanctioned NPRM, better and aid in comparing the online edition to the print edition. Definition of Private Entity. Police Officers each day protect and preserve life and property where they work and live. While every effort has been made to ensure that Caller name: Committee for Police Officer's Defense. These so-called scam PACs and their fundraisers exploit the gray zone between U.S. election finance and state charity fundraising laws, regulators told Reuters. These tools are designed to help you understand the official document after OMB completes its review, and directs the Enforcement Bureau to cause 64.1204 and 64.1606 to be revised accordingly. Consistent with these privacy protections, however, the Bureau may share information gathered from the portal with other government agencies combatting robocalls. Those who responded denied their marketing was deceptive and defended their business model and compensation. that agencies use to create their documents. documents in the last year, 1411 These can be useful That goal is to help police officers fight against the continuing "War on Cops" by taking a varied political stance against politicians, activist judges, prosecutors, district attorneys and a host of others who try to bring police officers down by any means. Thus, a private entity is only in a position to provide information about calls that it suspects are violations of the law. Relevant incidents might include a corporation or association experiencing a deluge of robocalls overwhelming their internal phone network or a voice service provider that found evidence of illegal robocalls traversing its network. A web of new political action committees raised nearly $6 million in recent months under the guise of supporting police, veterans and . We find that our decision to exclude individual consumers from the definition of private entity will greatly reduce, if not eliminate, potential confusion. documents in the last year, by the Nuclear Regulatory Commission Commenters raise concerns that the new streamlined portal will create consumer confusion or duplicate current processes. 20-374, FCC-21-75, adopted and released on June 17, 2021. An arm of the Republican Attorneys General Association, a national group representing the top law enforcement officers in their states, sent out robocalls encouraging people to march to the U.S. Capitol the day before the building was stormed by a pro-Trump mob. In return for tax-exempt status, charities generally must register with states, disclose their key employees and account for how the money is spent in some cases by providing audited financial statements. Black's Law Dictionary defines public entity as a governmental entity, such as a state government or one of its political subdivisions. At least one statute, the Americans with Disabilities Act, defines public entity as any state or local government and any department, agency, special purpose district, or other instrumentality of a State or States or local government.. BIRMINGHAM, Alabama From unmarked strip-mall offices in small-town Alabama, the calls go out across the United States, meant to talk people into giving money for heart-tugging causes like helping breast cancer patients or the widows of fallen police officers. That goal is to help police officers fight against the continuing "War on Cops" by taking a varied political stance against politicians, activist judges, prosecutors, district attorneys and a host of others who try to bring police officers down by any means. Thus we adopt SAFE Credit Union's suggestion that the portal clearly explain its purpose and intended use. To that end, the new portal's home page will include prominent language that not only explains its purpose and use, but also distinguishes that portal from the existing informal consumer complaint process so as to minimize possible confusion. Congress did not define private entity in the TRACED Act. Always Be Closing, one poster read. Search the Legal Library instead. Callers said they did so quickly and proudly, hoping people wouldnt catch on. Congress adopted the requirement to create a streamlined process to collect information about robocalls and spoofing against the backdrop of the existing informal consumer complaint process. This prototype edition of the In this document, the Federal Communications Commission (Commission) adopts rules to implement the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) to streamline the process by which private entities may submit information to the Commission about violations of the Communications Act. Black's Law Dictionary defines entity as [a]n organization (such as a business or a governmental unit) that has a legal identity apart from its members or owners. Second, we find that, as a policy matter, we should exclude individuals from the definition of private entity as the term is used in section 10(a) of the TRACED Act. New Documents Additional technical issues may arise in the future, and those decisions can be made by the Bureau. We have never contributed to Rule of Law Defense Fund. At TPFE, callers said they told potential donors all proceeds went to defraying the cost of the appeal [for funds] and to accomplish the mission, said former employee Jake Adair, 28. Just enough to get them to stop asking, he added. Reuters also could not ascertain the ownership of another large fundraising operation with a call center in Hoover, Alabama, some 45 miles from Zeitlins center in Sylacauga. The Commission directs the Enforcement Bureau to announce the effective date for those information collections in a document published in the About the Federal Register 151, 154(i), 154(j), 155, 225, and 409, unless otherwise noted. Treasurer: POLLOCK, KECIA MARIE. Former callers at both TPFE and Politicause said they were given scripts and FAQs that required them to mention that the groups were political action committees but were told by managers to glide past the disclosures about who was calling and how the money would be used. Congressional Review Act. USTelecom requests that we encourage private entities to first coordinate with the registered traceback consortium prior to filing information in the portal. More Reuters investigations and long-form narratives, Got a confidential news tip? a phone number), the caller ID information displayed, the phone number(s) called, the date(s) and time(s) of the relevant calls or texts, the name of the reporting private entity's service provider, and a description of the problematic calls or texts. documents in the last year, 981 The FRFA is set forth in Appendix C. 18. For complete information about, and access to, our official publications Third, consumers will not be adversely affected by our decision to exclude them from the definition of private entity. Good evening this is Mike Stevens calling for the . Thats what critics call political action committees that gobble up most of the money they raise rather than using it forthe charitable or other causes they profess to support. Federal Register. IE 11 is not supported. Melaleuca, an online wellness shopping club, gave $290,000 to the Republican Attorneys General Association in 2020. At Politicause, for instance, some said they initially were told to say donations would be used to help buy new police and fire equipment. Contact Information P.O. Recording / robocall Comments . <25 Employees . Add 64.1204 to subpart L to read as follows: (a) Any private entity may submit to the Enforcement Bureau information related to a call made or a text message sent that the private entity has reason to believe was in violation of 64.1200(a) or 47 U.S.C. The calls, which often target elderly donors, come from a variety of generic and similar-sounding aliases: The Police Officers Support Association, the National Emergency Responders Coalition and. At 1 p.m., we will march to the Capitol building and call on Congress to stop the steal, said the voice on the recording, which was obtained by NBC News. I cant speak to peoples understanding or what the scripts said., I dont think you understand how hard it is to fundraise. Streamlined Process. from 36 agencies. Add 64.1606 to subpart P to read as follows: (a) Any private entity may submit to the Enforcement Bureau information related to a call or text message that the private entity has reason to believe included misleading or inaccurate caller identification information in violation of 64.1604(a) or 47 U.S.C. Drug abuse was a problem at both call centers, ex-employees said. Federal Register issue. (See accompanying article.) Rather, they and their fundraisers present the PACs as charities, suggesting they support veterans, firefighters or victims of deadly diseases, for instance. regulatory information on FederalRegister.gov with the objective of We are appalled at the events that culminated in the storming of the U.S. Capitol, the company said in a statement. The stance of the protestors was not consistent with Attorney General Carrs position on election fraud. In fact, scam PAC operators and fundraisers are often old hands of the charity world, with a history of run-ins with regulators, state and federal records show. Reuters gains rare access into the world of fundraising for these charitable-sounding political action committees, a tiny but profitable niche in the U.S. telemarketing industry. include documents scheduled for later issues, at the request Heroes United, accused of using deceptive tactics to get the firefighter donations, agreed to stop telemarketing in the county and to refund any donations. That goal is to help police officers fight against the continuing "War on Cops" by taking a varied political stance against politicians, activist judges, prosecutors, district attorneys and a host of others who try to bring . P, sec. 24. NPRM Ultimately, changes must come at the federal level, said Ellen Weintraub, a Democrat who chairs the Federal Election Commission. Start Printed Page 52843 Scam PACs tend to slip through gaps among agencies that govern elections, charities and telemarketing, regulators say, leaving consumers exposed to misleading or fraudulent pitches. Bass set up five super PACs allegedly dedicated to a range of causes including veterans and firefighters. When organizations operate as political action committees, however, they are not subject to the laws governing charity fundraising, according to federal and state regulators and telemarketing industry officials. WASHINGTON - U.S. Sen. Roger Wicker, R-Miss., chairman of the Senate Committee on Commerce, Science, and Transportation, today issued the following statement after the Senate overwhelmingly approved the bipartisan Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act.The bill will now be sent to the president's desk to be signed into law: Organizationally and individually, we strongly condemn and disavow the events which occurred., One of its members, Texas Attorney General Ken Paxton, attended the rally and spoke to the crowd, saying, We will not quit fighting., Following the Capitol invasion, he tweeted, I am sorely disappointed today in the certification of the election, but I dont believe violence is the answer.. 19. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR parts 0 and 64 as follows: 1. Private entity submissions of robocall violations. We anticipate that this portal will be particularly useful to private entities experiencing large scale robocall incidents and voice service providers that have network analytic information. 03/03/2023, 207 03/03/2023, 159 We were good at slick-talking these people, said Dellinger, who court records show has been convicted of felonies including the truck theft and other burglary charges. We were very clear with RAGA that we could not continue our relationship unless we had assurances that they take steps to ensure that nothing like this would happen again.. Learn more about your rights as a consumer and how to spot and avoid scams. . My job is to deliver a message, and try as best as I can to make sure Im not working for a scumbag, he said. No Republican AG authorized the staffs decision to amplify a colleague speaking at the event. 47 U.S.C. documents in the last year, 36 Federal Register Start Printed Page 52841 This Report and Order establishes a streamlined process for private entities to submit information about unlawful, unwanted calls. on [FR Doc. For instance, the operation raised $16.8 million for PACs founded by Robert Piaro of Fredonia, Wisconsin, which purported to support police, veterans and people with breast cancer. We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. The fundraisers later went to work for PACs under the names Politicause and Pledge Assistance, both registered in Wyoming, which requires little disclosure from corporations. We also clarify that a public entity is any governmental organization at the federal, state, or local level. We agree with commenters that including individuals within the definition of private entity would undermine the intent of the statute to streamline information collection about robocalls and spoofed calls, and would create confusion for consumers about whether to use the existing informal complaint process or the new portal, or both. Laura Strickler is a senior investigative producer and reporter for NBC News. If youre a PAC, and youre raising money for one purpose and doing something else, thats fraud, said Elizabeth Grant, who oversees the Oregon Department of Justice Charities unit. 09/22/2021 at 8:45 am. That process is a well-established one that consumers have come to understand and depend upon. In this Issue, Documents It is further ordered This document has been published in the Federal Register. We wish it was 100, but we have to keep the lights on.. Zeitlin told Reuters he was not the target of the grand jury investigation. Twilio recommends that the Commission create one centralized mechanism for reporting all information regarding robocalling and spoofing, whether it is from a whistleblower, company, or consumer. 1503 & 1507. We acknowledge commenters' concerns that, at least initially, private entities might be confused about whether the consumer complaint process or the new streamlined process is a more appropriate place to submit information.
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