2-pronged spam slam
Legislature wants robocall filter from providers; feds seek software to block calls
State lawmakers believe they’ve finally found the solution to winning the fight against unsolicited robocalls, which topped 3 billion last year in New York.
The key element of legislation that began making its way though the committee process in the Capitol on Tuesday is a requirement that telecommunication companies provide New Yorkers with a free service that can filter unwanted calls.
The proposal comes as federal regulators have been pushing telephone provider companies to make call-authentication services available across the country, including software that would block unsolicited robocalls.
Consumer Reports estimates that 40 percent of robocalls are scams that generate more than $350 million in annual losses.
Sen. David Carlucci, a Rockland County Democrat, said the Federal Communications Commission approach isn’t aggressive enough
because they have only promised to “consider regulatory intervention.”
“We’re going to make the telecommunication providers do it,” Carlucci said. “We know you can, and if you don’t, we’re going to put penalties in place. This is what the FCC should be doing.”
Consumer Reports Program Director Chuck Bell credited T-mobile with acting fast to make their call-authentication system widely available, but said other providers have not been as proactive and claimed the industry has generally been “slow to roll out” the technology since it became available in 2015.
Verizon told the FCC in November that a “large portion” of customers should be covered this year. AT&T pledged to make the benefits available to “customers as soon as reasonably possible,” but has warned about the potential for delays.
Many of the scam companies rely on software that disguises the true origin of calls, in an illegal practice called “spoofing,” by making it appear that a person is receiving a call from a number in their area. Many of the companies operate from overseas’ boiler rooms, making it harder for regulators to crack down on the practice.
Unlike the proposal in Albany, the FCC is not pushing to make the call-blocking services free for consumers.
The implementation of that service is key to any legislation, since many of the robocalls that New Yorkers receive come from out of state and abroad, beyond the scope of state laws.
The legislation would prohibit robocalls without the consent of the recipient and give the state attorney general’s office increased ability to levy civil penalties, but experts said technology that can sniff out robocalls is the most effective way to stop bad actors.
“Our providers in New York can stop what it sees as incoming robocalls,” said Sen. Todd Kaminsky, a Long Island Democrat. “We certainly have a lot of power in our state to act on them.”
The legislation would also allow people who initially consented to be contacted, such as when signing a loan agreement, to revoke their consent. Sen. Brad Hoylman, a Manhattan Democrat and a sponsor of the bill, anticipates the legislation would make a difference in the lives of New Yorkers hounded by debt collectors.
It’s possible the legislation could also bring an end to political robocalls, which flood the lines of likely voters before every election. Hoylman said the proposal would task state regulators with determining whether those calls should be prohibited moving forward.
Sen. Robert Ortt, a Buffaloarea Republican, raised questions during committee debate on Tuesday about the constitutionality of restricting political robocalls, suggesting it would violate the First Amendment. Senate Democrats want to pass the legislation and let the courts decide that question if it becomes law.
Ortt was also skeptical of the fines and civil actions authorized by the legislation, saying that someone can’t be harmed by a robocall since they have the ability to avoid answering the phone or could simply hang up.
In response, Sen. Kevin Parker, a Brooklyn Democrat, said, “Our concern is to have a law that doesn’t have any teeth in it and is ignored.”
David.lombardo@timesunion. com 518.454.5427 @poozer87