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. 227(e). Many companies that donated to the Republican Attorneys General Association also gave to the Democratic Party equivalent. Reporters visited the center last summer, though it has since closed. It is further ordered ThePAC, organized by Zachary Bass, spent 90% of its take on fundraising, campaign filings show. Fundraisers are seeing this is just another easy way to make a buck.. e.g., Lina M. Khan was sworn in as Chair of the Federal Trade Commission on June 15, 2021. It is a way for them to get around the charity laws thats exactly what theyre doing, said Stuart Discount, chief executive of the Professional Association for Customer Engagement, a trade association for direct marketers. 30 days after publication in the Each document posted on the site includes a link to the on The Federal Trade Commission, which is responsible for policing telemarketing, generally has no jurisdiction over political fundraising, said Lois Greisman, an associate director in charge of the agencys marketing practices division. Register (ACFR) issues a regulation granting it official legal status. 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. We have been assured by RAGA that none of our contributions to RAGA were given to the Rule of Law Defense Fund., In a statement, Comcast said: "We have long supported Democratic and Republican associations of attorneys general. 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. Jan. 8, 2021, 5:36 PM PST. or to request reasonable accommodations ( In a statement to NBC News, Alabama Attorney General Steve Marshall, who runs the fund, said the calls were sent out without his knowledge. The Better Business Bureau says if anyone calls or knocks asking you to help the police, the best thing you can do is ask them for information before you agree to donate. Its supporters also include interest groups such as the NRA and the U.S. Chamber of Commerce, which was its top donor in 2020 with a $750,000 contribution. We are proud to say its a 90-10 split, Jones recalled saying, leaving out that his company was getting the 90% share. The Commission's Enforcement Bureau (Bureau) will monitor the portal. Use the PDF linked in the document sidebar for the official electronic format. that agencies use to create their documents. Additional technical issues may arise in the future, and those decisions can be made by the Bureau. This PDF is Police officers defense back. after OMB completes its review, and directs the Enforcement Bureau to cause 64.1204 and 64.1606 to be revised accordingly. Thus, we have minimized the impact on small businesses. The fundraiser paid $11.6 million by PACs, including Bass operations, since 2017 listed an address in FEC documents that was a mail drop business in Washington D.C.Contract information subpoenaed by investigators and seen by Reuters ties Market Process Group to firms controlled by Mark Gelvan, a New Jersey-based fundraiser.Included were a phone number used by another Gelvan firm, Outreach Calling, an address used by his operation in Montville, New Jersey, and an email linked to another Gelvan company. Commenters were concerned that the definition proposed in the Open for Comment, Russian Harmful Foreign Activities Sanctions, Economic Sanctions & Foreign Assets Control, Fisheries of the Northeastern United States, National Oceanic and Atmospheric Administration, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, PART 64MISCELLANEOUS RULES RELATING TO COMMON CARRIERS, https://www.federalregister.gov/d/2021-14711, MODS: Government Publishing Office metadata, https://ecfsapi.fcc.gov/file/06171386503472/FCC-21-75A3.pdf. In recent years, some telemarketers have used technology to bombard consumers with hundreds of millions of prerecorded calls that are often unwanted and frequently deceptive. Solicitors asking you to donate to charity. Federal Register are amended This repetition of headings to form internal navigation links In the Victor J. The Republican Attorneys General Association raised more than $18 million in 2020 from several top corporations, including Pepsi, Microsoft, JPMorgan Chase and Comcast, the parent company of NBC News. Adam Piper, the executive director of the Republican Attorneys General Association, and Peter Bisbee, the executive director of the fundraising arm, did not return requests for comment about the robocalls, which were first reported by the watchdog group Documented. This table of contents is a navigational tool, processed from the At Politicause, for instance, some said they initially were told to say donations would be used to help buy new police and fire equipment. The Report and Order contains new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA). documents in the last year, 467 6. or call the FCC's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). She said she would like to see the panel mandate more disclosure to donors about how much of their money is going to fundraisers, as well as stronger fraud protections in federal campaign law. No Republican AG authorized the staffs decision to amplify a colleague speaking at the event. from 36 agencies. Drug abuse was a problem at both call centers, ex-employees said. 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. L. 115-141, Div. In a small Alabama town at the edge of the Talladega National Forest, next to a Chinese restaurant, stands a shop with mirrored windows and no signs. https://ecfsapi.fcc.gov/file/06171386503472/FCC-21-75A3.pdf. 03/03/2023, 43 In addition, it serves as a valuable clearinghouse for the Commission to identify trends and activities that are negatively affecting consumers. Compliance with the requirements of that information collection will not be required until after approval by the Office of Management and Budget. We have told them many times to stop calling us, one person contacted by Politicause complained to the FTC in April 2019, noting that the household was on a Do Not Call list. for better understanding how a document is structured but Gelvan was not accused of wrongdoing in the Montgomery County investigation. Going byvarious names, the fundraising operation has worked for some of the same PACs as Zeitlins firms have and has employed some of the same people, according to internal PAC records, state corporate filings, employee interviews and deposition testimony in a civil case unrelated to this article. A Rule by the Federal Communications Commission on 09/23/2021. Scam PAC telemarketers who use aggressive tactics in the charity realm also face less risk of scrutiny or sanction when they turn to PAC fundraising, regulators and former callers said. A spokesperson for the Republican Attorneys General Association did not address questions about the robocall but sought to distance the organization from the event. should verify the contents of the documents against a final, official Find legal resources and guidance to understand your business responsibilities and comply with the law. daily Federal Register on FederalRegister.gov will remain an unofficial But because that suggested donors were contributing directly to purchasing new gear, the callers said they were told by managers to adjust their language. Consumers are already served by the existing informal complaint intake process, and the TRACED Act gives no indication that Congress intended to upset or replace that process. This document has been published in the Federal Register. 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. 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. The current informal consumer complaint process is a vital tool for the Commission. 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. on information to inform Commission consumer protection policies as well as for analytical and consumer education purposes. The Committee for Police Officers Defense is run by James J. Fotis, who is a retired New York Police officer, who ran unsuccessfully in 2007 for Sheriff of Manassas City / Manassas Park City / Prince William County. 12. Instead, the bulk of the money is kept by fundraising firms or the people running the PACs. For further information, contact Daniel Stepanicich, Attorney, Telecommunications Consumers Division, Enforcement Bureau, at (202) 418-7451 or website. legal research should verify their results against an official edition of 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. Generally, those in the informal network portrayed themselves as charitable, gave little to the causes they promoted and relied principally on small donors. None of the three managers Reuters was able to identify could be reached for comment. Download the NBC News app for breaking news and politics, The Republican Attorneys General Association and Rule of Law Defense Fund had no involvement in the planning, sponsoring, or the organization of Wednesdays event, the spokesperson said. 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. [FR Doc. These tools are designed to help you understand the official document 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. Earlier this week, we spoke out alongside others in the business community regarding the violence that unfolded at the U.S. Capitol.. 20-374, FCC-21-75, adopted and released on June 17, 2021. The "Committee for Police Officer's Defense" (CPOD) was configured in order to complete an intrinsic goal. Third, consumers will not be adversely affected by our decision to exclude them from the definition of private entity. When she later realized it was a PAC telemarketer, she felt exploited. documents in the last year, 1411 Some tips for consumers: Listen carefully for the name of the organization. The call center in Sylacauga, visited by Reuters last year, was operated by Las Vegas-based TPFE Inc, a firm controlled by Zeitlin. Second, we find that establishing a stand-alone process designed specifically to handle concerns from private entities ( In interviews, a dozen former employees of Politicause and Zeitlins TPFE described techniques they used to wrangle donations, leaving contributors with the impression they were giving to good causes. publication in the future. To the extent allowed by the Privacy Act of 1974 and our rules, the portal will clearly state that the Bureau may share submitted information with the Department of Justice, Federal Trade Commission, other federal agencies combatting robocalls, state attorney general offices, other law enforcement entities with which the Commission has information sharing agreements, and the registered traceback consortium. Another enforcement action relied extensively on information from an industry group, the USTelecom's Industry Traceback Group (Traceback Group). 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. It was viewed 36 times while on Public Inspection. . In addition, public entities often contact Enforcement Bureau staff directly about robocalling and spoofing matters. 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. 47 U.S.C. Consistent with these privacy protections, however, the Bureau may share information gathered from the portal with other government agencies combatting robocalls. Callers said they did so quickly and proudly, hoping people wouldnt catch on. It is not an official legal edition of the Federal The site has since been taken down. corresponding official PDF file on govinfo.gov. 03/03/2023, 159 The PACs examined for this article typically handed over less than 10% of their take sometimes less than 1% to candidates or causes, Reuters found. I was unaware of unauthorized decisions made by RLDF staff with regard to this weeks rally, said Marshall, who assumed his role Nov. 10. Robocallers have apparently been using the name of a former Abilene City Councilman/Abilene businessman to try to entice people to give to a fake police charity. it is ordered One Piaro committee, Americans for the Cure of Breast Cancer, garnered $1.6 million in donations through Zeitlins fundraising operations and made one charitable contribution, $10,000 to the Susan G. Komen Foundation less than 1% of the total raised, campaign filings show. not individual consumers) about robocalls and spoofing best aligns with the TRACED Act requirement. Committee type: Super PAC (Independent Expenditure-Only) Committee designation: Unauthorized. It also has roots in charity fundraising. Appendix A, 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. The calls, which did not advocate violence or suggest the building should be breached, was sent out by the Rule of Law Defense Fund, a fundraising arm of the Republican Attorneys General Association. Reached for comment, the Chamber of Commerce provided a statement from Harold Kim, president of the U.S. Chamber Institute for Legal Reform. During today's hearing, the Committee heard from local law enforcement, the U.S. shall send At the time Reuters visited, the firms Hoover call center was jammed with desks and callers on headsets. Training was minimal, pressure relentless and turnover high, the workers said. Lastly, we delegate authority to the Bureau to make further decisions about administration of the portal. Some of the most aggressive actions against allegedly deceptive PACs and their fundraisers have come from state or local law enforcement officials. This prototype edition of the The Public Inspection page may also 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. on Federal Register 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. The stance of the protestors was not consistent with Attorney General Carrs position on election fraud. Before sharing sensitive information, make sure youre on a federal government site. 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. Most were super PACs, but several were traditional political action committees, which have contribution limits. 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. Recording / robocall Comments . documents in the last year, 853 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. Sara Kemerer of the . 03/03/2023, 1465 Private entities and consumers who wish to submit information or complaints about robocalls will be directed on the FCC website to the appropriate intake process for their situationthe new portal for private entities or the existing informal consumer complaint process for consumers. We find that adopting a distinct intake process for private entities best satisfies the statutory language, while integrating it with the existing process managed by the Consumer and Governmental Affairs Bureau will reduce administrative costs and consumer confusion. This is John calling from the committee. (k) Perform such other functions as may be assigned or referred to it by the Commission. Federal Register. On September 1, 2009, new FTC rules went into effect prohibiting most prerecorded telemarketing calls, commonly known as robocalls, unless the telemarketer has the consumers prior written authorization to transmit such calls. Learn more about your rights as a consumer and how to spot and avoid scams. Use our visualizations to explore scam and fraud trends in your state based on reports from consumers like you. 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. Good evening this is Mike Stevens calling for the . e.g., Accordingly, We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. Federal election laws were designed to prevent corruption, he said, not to protect consumers.. The fundraising operation used corporate names including Charity Promotions, from 2013 to 2016, and Charity Appeal, from 2016 to 2018, according to several ex-employee interviews and state filings. documents in the last year, by the Executive Office of the President The Consumer and Governmental Affairs Bureau also forwards complaints to the Enforcement Bureau, which may use them to pursue enforcement actions. that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, CTIA, SAFE Credit Union (SAFE), Twilio, Inc., and USTelecom-The Broadband Association (USTelecom) filed comments. developer tools pages. It spent $103,700 on behalf of House candidates about 3% of the total, and it has contributed nothing directly to veterans groups. Always Be Closing, one poster read. 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. The groups share funding, staff and office space in Washington, D.C. 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. (269) 257-6522 is a Fake Police Charity Robocall Do not answer. Caller type: Scammer/Fraudster. Streamlined Process. About the Federal Register The authority citation for part 64 continues to read as follows: Authority: As a fundraiser for charities, Zeitlin ran into trouble with regulators. We agree with Twilio that private entities and consumers should be directed to a centralized reporting mechanism, but we also find that the new portal should be distinct from the existing informal consumer complaint process. Document page views are updated periodically throughout the day and are cumulative counts for this document. The Cherokee Nation Businesses LLC, which donated $150,000 in 2020, said it has requested an immediate refund of its sponsorship to the Republican Attorneys General Association, and the organization obliged. We were good at slick-talking these people, one former caller, a felon, said of unwitting donors. has no substantive legal effect. Use of the portal is completely voluntary and we impose no new requirements on small businesses. Start Printed Page 52841 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. First, we find that there is value in maintaining the separate informal consumer complaint process. adopted 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. we proposed to include individuals in the definition of private entity but sought comment on the proposed interpretation, and whether there was a basis for a different interpretation of the term. We find that our decision to exclude individual consumers from the definition of private entity will greatly reduce, if not eliminate, potential confusion. JoAnn Coleman, 63, a construction engineer from Gaithersburg, Maryland, said she was particularly vulnerable to a pitch for the breast cancer PAC. 4. Gelvan agreed to a permanent ban on raising money for charity in New York in 2004 in a case that accused him of deceptive telemarketing for a state troopers charity, court documents show, and he paid a $50,000 finefor violating that agreement 10 years later. Register, and does not replace the official print version or the official Heroes United, accused of using deceptive tactics to get the firefighter donations, agreed to stop telemarketing in the county and to refund any donations. We adopt rules to establish an online web portal where private entities may submit information about suspected violations of sections 227(b) and 227(e). Definition of Private Entity. daniel.stepanicich@fcc.gov. The Commission will publish a document in the According to John Riggins,. the Federal Register. Stephanie T. Nguyen, Chief Technology Officer, Competition and Consumer Protection Guidance Documents, HSR threshold adjustments and reportability for 2023, A Century of Technological Evolution at the Federal Trade Commission, National Consumer Protection Week 2023 Begins Sunday, March 5, FTC at the 65th Annual Heard Museum Guild Indian Fair & Market - NCPW 2023, Jason Cardiff (Redwood Scientific Technologies, Inc.), Telemarketer Fees to Access the FTCs National Do Not Call Registry to Increase in 2023, FTC Extends its Crackdown on Subscription Scam That Fleeced Consumers and Harassed Them Over the Phone, Federal Trade Commission Proposes Small Business Protections Against Telemarketing Tricks and Traps, FTC Takes Action to Stop Voice over Internet Provider from Facilitating Illegal Telemarketing Robocalls, Including Scams Relating to the Pandemic, Federal Court Rules in Favor of FTC, Halting Illegal Tactics Used to Promote Smoking Cessation, Weight-Loss, and Sexual-Performance Aids, FTC Issues Biennial Report to Congress on the National Do Not Call Registry, FTC Issues Refunds Totaling More Than $1.8 Million to Consumers Defrauded by Lifewatch, Inc.s Deceptive Medical Alert Telemarketing Scheme, FTC Releases 2021 Do Not Call Registry Data Book; Reports Registrations and Consumer Complaints Both Increased in FY 2021, FTC to Ramp up Enforcement against Illegal Dark Patterns that Trick or Trap Consumers into Subscriptions, FTC Returns $1.1 Million to Consumers Who Lost Money to Alleged Scammers Selling Bogus Income Opportunities, FTC Testifies before the Senate Special Committee on Aging About the Agencys Work to Halt Practices that Prey on Older Americans, Seven Remaining Defendants in Massive Grand Bahama Cruise Line Operation Banned from Making Telemarketing Robocalls; Principals will Pay $100,000 in Civil Penalties, Telemarketer Fees to Access the FTCs National Do Not Call Registry to Increase in 2022, FTC Takes Action against Septic Tank Cleaning Company that Made Millions of Illegal Robocalls to Consumers Nationwide, FTC, 38 States, and D.C. Act to Shut Down Massive Charity Fraud Telefunding Operation, Scammers Who Used Robocalls to Target Cash-Strapped Consumers Banned from Selling Debt Relief Services and Telemarketing, FTC and FCC Send Joint Letters to Additional VoIP Providers Warning against Routing and Transmitting Illegal Coronavirus-related Robocalls, FTC and FCC Send Joint Letters to VoIP Service Providers Warning against Routing and Transmitting Illegal Coronavirus-related Robocalls, FTC Warns Nine VoIP Service Providers and Other Companies against Assisting and Facilitating Illegal Coronavirus-related Telemarketing Calls, FTC Warns 19 VoIP Service Providers That Assisting and Facilitating Illegal Telemarketing or Robocalling Is Against the Law, 4 reasons why the latest FTC robocall cases should matter to your business, FTC goes to court to unravel robocalling net, FTC challenges robocallers false threat that small businesses will be removed from Google, Decision bolsters FTC position on soundboard tech, Working Together to Protect Midwest Consumers: A Common Ground Conference, Common Ground: Fighting Schemes and Scams in a Tough Economy, North Carolina Consumer Protection Workshop, Midwest Region 2012 Common Ground Conference, Statement of Andrew Smith, Director, Bureau of Consumer Protection, at Operation Call It Quits Press Conference, Prepared Remarks of Chairman Joseph Simons at USTelecom Forum: Turning the Tide on Illegal Robocalls, Prepared Remarks of Chairman Joseph Simons at the ABA Consumer Protection Conference, Statement Of Commissioner Rebecca Kelly Slaughter before the Committee on Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection, U.S. House of Representatives, Prepared Statement of the Federal Trade Commission: Abusive Robocalls and How We Can Stop Them, Before the Committee on Commerce, Science and Transportation, United States Senate, FTC-FCC Joint Policy Forum on Fighting the Scourge of Illegal Robocalls, Prepared Statement of the Federal Trade Commission: "Still Ringing Off the Hook: An Update on Efforts To Combat Robocalls," Before the Special Committee on Aging, United States Senate, Prepared Statement of the Federal Trade Commission On Combatting Illegal Robocalls: Initiatives To End the Epidemic, Blog Post: Do Not Robocall Me: The FTC Strikes Back, Prepared Statement of the Federal Trade Commission Entitled Stopping Fraudulent Robocall Scams: Can More Be Done?, Concurring Statement of Commissioner Maureen K. Ohlhausen, Avoid Coronavirus Scams - Tip 1: Hang Up on Robocalls, Robocall Challenge Winners Press Conference, FTC Robocall Challenge: Consumer Tips & Tricks. In recent years, some telemarketers have used technology to bombard consumers with hundreds of millions of prerecorded calls that are often unwanted and frequently deceptive. The Sylacauga call center employed work release inmates, an arrangement that apparently ended before 2018, the former callers said. Two of the fundraising companies identified by Reuters employed jail inmates and ex-cons as telemarketers, according to interviews in Alabama with several former employees, as well as court records. 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. 03/03/2023, 207 ) on December 8, 2020, proposing to establish a streamlined process for private entities to submit information about robocall violations to the Commission. Looking for legal documents or records? And while law enforcement agencies, including the U.S. Department of Justice, have hit some alleged bad actors withfraud charges, it generally is only when they have tried to conceal where the funds were going, said Adav Noti, a former Federal Election Commission lawyer and now chief of staff at the Washington D.C.-based Campaign Legal Center, a nonpartisan organization of specialists in election law. On its website, this organization says you can be removed from its call list by completing this form . 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. NPRM, 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 .
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