ROBOCALLS – Proposed New Law

Robocalls remain a big problem for citizens in Washington State as well as the nation. Washingtonians received over 616 million robocalls in 2021 according to a YouMail study. About half of those calls were from scammers. Also in 2021, Washington residents filed over 100,000 complaints with the Federal Trade Commission (FTC) about robocalls.

Federal law, revolving around the Do Not Call List, tries to control robocalls nationally. The Washington State Attorney General’s Office (AGO) considers Washington State’s current anti-robocalling law as “…weak and out-of-date.”  

As a result, the Attorney General’s Office along with Representative Mari Leavitt, D-University Place, have proposed a new law, the Robocall Scam Protection Act, HB 1051, to the legislature. The new law would make it a violation of the Washington State Consumer Protection Act to:

·         Robocall someone on the Do Not Call Registry.

·         Deliberately falsify the caller ID display to disguise the caller’s identity; and

·         Knowingly facilitate illegal robocalls if you are a voice service provider.

Current state law does not prohibit companies from contacting individuals who have registered their phone numbers on the national Do-Not-Call list.

The new law will prohibit “spoofing” which is currently not prohibited by state law. Scammers use spoofing software to display false or deceptive information on Caller ID displays.

Telecommunications providers that knowingly allow illegal robocalls can be sued in civil court.

The bill also allows individuals to sued entities that harm them through illegal robocalls with potential remedies including actual damages, injunctions, and fines of up to $1,000 per violation. Also, the Attorney General’s Office can seek civil penalties against violators under the Consumer Protection Act.

Florida and Oklahoma have recently adopted similar laws.

The use of modern technology to perpetrate fraud allows scammers to get ahead of the provisions of the law at the national and state levels. This makes it difficult for law enforcement agencies to effectively regulate fraudulent activity. With only Federal laws regulating robocalls states end up on the sidelines and are not capable of protecting their citizens. With HB 1051 the Attorney General’s Office seeks to strengthen Washington State law and allow the AGO to prosecute the people who ignore the wishes of those citizens on the Do Not Call Registry not to be harassed with scam phone calls.

 

Washington State Attorney General’s Office:

https://www.atg.wa.gov/news/news-releases/ag-ferguson-rep-leavitt-propose-legislation-holding-telecommunications-providers

 

The Seattle Times:

https://www.seattletimes.com/seattle-news/politics/wa-attorney-general-pushes-to-strengthen-laws-against-robocalls/

 

Washington State Legislature (to follow the progress of HB 1051 through the state legislature, go to this link):

https://app.leg.wa.gov/billsummary?BillNumber=1051&Initiative=false&Year=2023

 

National Consumer Law Center:

https://www.nclc.org/wp-content/uploads/2022/10/Scam_Robocalls_Appendix2_May-2022.pdf  (page 47)

 

Federal Trade Commission: 

https://www.donotcall.gov/ 

https://consumer.ftc.gov/articles/national-do-not-call-registry-faqs 

https://consumer.ftc.gov/articles/phone-scams 

https://consumer.ftc.gov/consumer-alerts/2022/05/hang-imposter-scams

 

 

ROBOCALLS – Scam Trends

Robocalls have become a basic method for scammers to contact potential victims. Modern computer technology allows scammers to dial thousands of phone numbers a day. When someone answers, then a recorded message can play to try to get the person answering their phone to engage.

The Federal Trade Commission (FTC) offers the Do Not Call Registry to the public. By registering your phone number on the registry, you are telling telemarketers that you do not want unsolicited phone solicitations from them. Telemarketing companies are required to check the registry and refrain from calling phone numbers listed in it.

Telemarketing calls, including robocalls, have not stopped. Some calls are allowed such as political, charitable, debt collection, informational calls, and surveys.  But most scammers ignore the registry.

If you receive an unwanted robocall you can complain to the FTC at https://www.donotcall.gov/.  The FTC takes complaints seriously. As part of its enforcement efforts, it compiles complaints that it receives into a database for its own use and makes the database available to federal, state, and local law enforcement agencies. It also produces a yearly report that summarizes the complaints by violation type and by state.

That report, the Do Not Call Registry Data Book for 2022, shows a slight decline in complaints over the four-year period between 2018 to 2021:

 

Year	Total Complaints
2018	5,779,975
2019	5,422,690
2020	3,966,720
2021	5,009,459

 

 

 

In Washington state, total number of complaints from Washington State residents also has shown a decline since 2018:

 

Complaints for Washington State:

Year	Total Complaints
2018	130,920
2019	126,868
2020	91,184
2021	119,099

 

The report breaks down complaints by type of complaint. Nationwide the top scams reported were ranked as follows:

1. Imposters
2. Warranties and protection plans
3. Medical and prescription issues
4. Debt-reduction
5. Energy, solar power, utilities

6.      Lotteries, prizes, & sweepstakes

7.      Home improvement & cleaning

 

 

Washingtonians reported the following scams from phone calls:

1.      Imposters

2.      Warranties & protection plans

3.      Reducing debt

4.      Medical & prescriptions

5.      Computer & technical support

6.      Vacation & timeshares

7.      Lotteries, prizes & sweepstakes

 

 

Imposter scams top both the national and Washington state complaint list. Scammers will impersonate just about anyone, IRS agents, Social Security employees, local police officers, major computer company tech support employees, bank employees, your grandkids, a potential romantic partner.

Any of the scams reported to the FTC adhere to the 5 “Ps” of scammers-

·         Pretend- scammers pretend to be someone they are not. This can be someone who claims to be in authority and recognizable to you.

·         Problem- the scammer will claim that you have a problem that you need to solve, and they have the solution to solving it. Or

·         Prize- the scammer tells you that you have prize owed to you or available to you that has come out of nowhere.

·         Pressure- Scammers put pressure on you to act right away or else there will be dire consequences if you don’t right now.

·         You Pay- Scammers will pressure you to pay, “it’s easier, faster,” or it’s the only way, and they will want payment with methods that make it impossible for you to recover your money such as gift cards, wire transfers, or cryptocurrency.

If you receive a robocall or scam phone call,

·         Hang up. Don’t engage with a scammer.

·         Add your phone numbers to the National Do Not Call Registry.

·         Look into call blocking options through you telephone carrier or through smartphone apps.

·         Report illegal robocalls to the FTC at https://reportfraud.ftc.gov/#/ or 877-382-4357.

 

 

 

 

Federal Trade Commission:

https://www.donotcall.gov/

https://consumer.ftc.gov/articles/national-do-not-call-registry-faqs

https://consumer.ftc.gov/articles/phone-scams

https://consumer.ftc.gov/consumer-alerts/2022/05/hang-imposter-scams

 

 

AARP:

https://www.aarp.org/money/scams-fraud/info-2019/robocalls.html

https://www.aarp.org/money/scams-fraud/info-2021/government-impostor-frauds.html#:~:text=The%20AARP%20Fraud%20Watch%20Network%20has%20been%20inundated,Administration%20officer%2C%20FBI%20agent%20or%20other%20government%20worker.

 

WASHINGTON STATE ATTORNEY GENERAL – New Way to Report Robocalls and Telemarketing Scams

Yesterday, the Washington State Attorney General’s Office announced a new way for the public to report robocalls to it.

Before the new online form, Washington citizens could report robocalls to the Attorney General’s general consumer complaint form. With the new purpose-built form, AG staff will have more precise information that should help it to react faster to consumer complaints.

Along with the new online form, the AG’s Office has created an informational website on robocalls and telemarketing scams.

Robocalls are unsolicited automated phone calls that try to sell you something or ask you to contribute to a cause. If you have listed your phone number on the Do Not Call List, legitimate businesses will honor your desires by not calling your phone number. Scammers and fraudsters usually will call you whether or not your number is on the Do Not Call List.

Other signs that a phone call is a scam include,

·         The call asks for personal information.

·         Their offer seems too good to be true.

·         The caller requests payment other than by credit card.

·         The caller uses threats or scare tactics to convince you to act.

If you suspect that a call is a scam, the Attorney General’s Office recommends that you,

·         Do not trust your Caller ID.

·         Do not answer the call.

·         If you answer, and the call meets one of the above criteria, HANG UP.

·         Do not pay for or accept any offers.

·         Resist the urge to call back or confront the caller.

·         Block the number. You can find out how from your service provider.

·         Report the incident to the Attorney General’s Office.

For more information about robocalls and telemarketing scams check out the following links,

 

 

 

 

 

Washington State Attorney General’s Office:

https://www.atg.wa.gov/news/news-releases/ag-ferguson-launches-anti-robocall-initiative-stop-illegal-harassing-calls

https://fortress.wa.gov/atg/formhandler/ago/robocallForm.aspx

https://www.atg.wa.gov/robocall-and-telemarketing-scams

 

Do Not Call Registry:

https://www.donotcall.gov/?msclkid=b858552cafc311ec8ba16388a9390086

 

The Seattle Times:

https://www.seattletimes.com/seattle-news/wa-launches-new-way-to-report-illegal-robocalls/

 

KING-TV:

https://www.king5.com/article/news/nation-world/verizon-spam-text-messages-own-phone-numbers/507-641a84d5-670f-4442-acc5-4e75dae13e2e

 

 

 

SCAM UPDATE- Local Activity, Legislation, Report Scams to the FTC

Locals Continue to Receive Scam Calls. There must have been a big push by scammers with their robocalls late last week and over the weekend.  Local social media has been abuzz with people warning everyone about scam calls and others asking if certain robocalls were real. A representative from the King County Sheriff's Office even sent out a warning about the scams.

The scams tried to impersonate other entities. In one, scammers said that they were from the Social Security Administration and claimed that Social Security numbers had been suspended. The other scam claimed to be from Apple and  encouraged people to log on to a supposed Apple "safe site" with their Apple ID.

With heavy participation by numerous group members, most people seemed to understand that the calls were scams and that the best thing to do is to just hang up.

There were some who commented to the effect of, "Shouldn't people know by now?" After all, scams delivered by robocalls or via email have received a lot of publicity over the last few years from the Federal Trade Commission, AARP, Better Business Bureau, Washington State Attorney General's Office and even local law enforcement agencies. It is hard to imagine that anyone does not know about scams.

However, there is always someone who does not get the word. And while that may be a small percentage, all scammers need is a small number of people to bite to make some money. Some people who might not have heard about these scams and might by vulnerable include:

·         The elderly who are isolated socially. The elderly may be the first our first thought as being vulnerable to this type of crime. Some surveys have shown that older people may succumb at a lesser rate than younger people but lose more money when they are victimized. Some elderly people may not be engaged with social media like younger people and may not have the support system to hear about scams or to ask if a robocall is a scam. If you have an elderly relative or neighbor, take some time to talk to them about scams and what to do to avoid them.

·         Millennials and younger. Many youth now have grown up on computers and smart phones. They accept this technology and they might trust it more than their parents or grandparents. Those same surveys as above have found that millennials may succumb more frequently to scams, but not lose as much money as older people. Parents should talk to their children about scams.

·         Immigrants. While I have not seen any reporting specifically about immigrants being victimized by scams, it is logical that they are also vulnerable. Many immigrants may not be as familiar with how our government works. Their experiences in their homelands may tell them that a phone call out of the blue with scare tactics and strong arm methods that act as a shake down are normal ways of doing business.

Government agencies and others who track scams are constantly putting out press releases to educate the public. In part, this is important because scammers are always changing how they do business. For example, last year the U.S. government and the Indian government cooperated to arrest an IRS scam ring in India, in one of the largest operations against scammers. After that operation, IRS scam phone calls went dramatically down (but not completely away). Scammers changed tactics and increased their claims to be from the Social Security Administration in the Social Security number suspension scam. Informing the public about these changes helps the public to be on guard when they receive these robocalls.



Robocall Update. Most everyone is disgusted about robocalls. Congress is moving (probably too slowly for most of us) to tighten up the laws to prevent these annoying phone calls. This week the House passed H.R. 3375 - Stopping Bad Robocalls Act.  The act would protect consumer privacy, ensure that robocalls are only made with consumer's consent, and ensure that consumers can withdraw consent. The bill now goes to the Senate for its consideration.



The National Law Review:

https://www.natlawreview.com/article/house-subcommittee-to-markup-composite-robocall-bill-tomorrow



Congress.gov:

https://www.congress.gov/bill/116th-congress/house-bill/3375



The Federal Trade Commission wants to hear from you. This short video suggests what to do if you receive a scam call and it urges you to report scams to the FTC. It uses the information to sued scammers and to provide information to law enforcement agencies who have criminal investigations into the scammers.



Federal Trade Commission:
https://www.youtube.com/watch?v=2DocHwQF_nE&feature=youtu.be

ROBOCALLS - FTC Working to Reduce Annoying Robocalls

Robocalls have become one of the biggest headaches for all of us. According to the Federal Communications Commission (FCC) almost 2.4 billion robocalls are made every month. No wonder we are all fed up!

You know robocalls. It’s that call that you answer and you hear a recorded message trying to sell you something or trying to scare you into action with a threat to arrest you because you didn’t show up for jury duty or you owe the IRS money. Robocalls are so prolific because telemarketers and scammers can take advantage of computerized auto dialers to deliver pre-recorded messages over the phone. There have been estimates that half of the robocalls that consumers receive will be scam calls by the end of this year.

In a press release issued on Tuesday, June 25^th, the Federal Trade Commission (FTC) announced a three-pronged approach to fight robocalls. In 2018, the FTC received more than 10,000 complaints a day about illegal robocalls. The FTC effort includes,

A crackdown on illegal robocalls, under the name “Operation Call it Quits,” along with 25 other federal, state and local law enforcement agencies. The FTC only can sue robocall violators in civil court. It, however, does coordinate with other law enforcement agencies who can charge robocall violators in criminal court.

Robocalls are illegal if the telemarketer has not received your written consent to call or send a message to you. Merely doing business with them does not give them permission to robocall you. Also, new rules require telemarketers to allow you to opt out of future robocalls during a prerecorded telemarketing call. Certain robocalls are allowed such as from political candidates running for office or your doctor’s office reminding you of an appointment.

Secondly, the FTC is educating the public on how it can avoid robocall scams. Its latest public education campaign urges everyone to,

·         Hang Up. If you receive a recorded message, hang up. Do not speak to them. Do not press a button.

·         Block. Block the robocall number with an app on your smartphone or a service from your cell phone or landline provider. This will help to reduce the number of robocalls that you receive.

·         Report. Report the robocall number to the FTC at www.ftc.gov/complaint. The FTC maintains a database of robocall phone numbers and issues a daily report to government and private entities to help them investigate robocallers and block their phone numbers. Your input is valuable to the FTC.

Finally, the FTC encourages private industry to develop new technologies that reduce the number of robocalls we all receive. In the past it has offered cash rewards for the development of phone number blocking apps. It is currently encouraging the development of a new technology called STIR-SHAKEN that will make it more difficult for scammers to spoof phone numbers.



For more information on how you can protect yourself from robocalls check out,

FTC:

https://www.consumer.ftc.gov/features/how-stop-unwanted-calls?utm_source=sweep-partner&utm_medium=social&utm_campaign=unwanted-calls



Here are more details about Operation Call it Quits

FTC:

https://www.ftc.gov/news-events/press-releases/2019/06/ftc-law-enforcement-partners-announce-new-crackdown-illegal



More information about robocalls,

FTC:

https://www.consumer.ftc.gov/articles/0259-robocalls

NBC News:

https://www.nbcnews.com/news/us-news/robocalls-2019-still-getting-worse-stir-shaken-help-some-n1000681

ROBOCALLS- Scammers Use Caller ID to Snare You

Most Americans are sick and tired of robocalls. Nine in 10 Americans think lawmakers should do something to stop robocalls, according to the AARP.

Last year, Americans were bombarded with an estimated 48 billion robocalls. 37% were classified as scams. Between January and April of this year over 20 billion robocalls have been made with about half scam related.

The first challenge scammers have is to get you to pick up the phone. One trick that they have been using recently is to “spoof” the phone number on your screen to make you think it is the IRS or your local police department that is calling. Another trick is to show a number that contains your area code or prefix on the assumption that you will be more likely to answer the phone call. In a recent national survey, the AARP found that 59% of respondents said that they would likely answer the call if the caller ID showed a local area code and 44% said that they would pick up the phone if the area code matched one of a relative or close friend.

The next challenge is to get you to send the scammers money or give your personal information so that they can use your stolen ID to get money or services. Traditionally, scammers try to get you emotional, so that you are not thinking logically. The AARP survey found that 51% of respondents felt that they would be more likely to respond to a negative scenario such as claims that you owe taxes, you are about to be arrested for missing jury duty, or your grandchild needs to be bailed out of jail in Mexico. 41% said that they would respond to a positive pitch such as you have won a foreign lottery, or you qualify for a free vacation. It seems that if a scammer can scare you, they are more likely to get some money from you.

So, what to do? Until Congress and/or the Federal Communications Commission institute laws or rules allowing phone companies to block unwanted phone calls, here are some things you can do to protect yourself for annoying robocalls,

·         Sign up with your cell phone provider for their call blocking or call alert service. The service may be free, or you may need to pay a small fee.

·         Download a call blocking app such as Hiya, YouMail, Robokiller, TrueCaller or Nomorobo.

·         Add your home and cellphone numbers to the National Do Not Call Registry. Yes, the crooks don’t pay attention to the registry, but you are letting the honest marketers know that you do not want their phone calls.

·         If you receive an unwanted call, take the time to block it on your phone.

·         Create a robust contact list on your phone so that when friends, relatives, or business associates call you, your phone will show you who is calling.

·         If you do not recognize a phone number, let it go to voicemail.

·         If you do answer a call from an unrecognized phone number and the caller claims to be a government official and threatens you, hang up. Remember, government officials do not call you if you owe taxes, have missed jury duty, or you have some violation. They will notify you via snail mail.

 AARP:
https://www.aarp.org/money/scams-fraud/info-2019/aarp-survey-robocalls.html?intcmp=AE-HP-LL1&fbclid=IwAR1aWCxWzkcd7Nf1MzHUMs9YkNPknLkYIp6avHeWtIVy0bv1Iwfte1IXk2M

The Seattle Times:
https://www.seattletimes.com/seattle-news/spoof-proof-your-life-how-to-avoid-falling-victim-to-scam-calls/

KOMO:
https://komonews.com/news/consumer/thanks-to-spoofing-caller-id-is-no-longer-a-reliable-way-to-tell-whos-calling-you

NBC News:
https://www.nbcnews.com/better/lifestyle/scammers-manipulate-caller-id-here-are-best-ways-block-robocalls-ncna1011916

Cell Phone Providers:

            AT&T Call Protect- https://www.att.com/features/security-apps.html

            T-Mobile Scam ID and Scam Block- https://www.t-mobile.com/resources/call-protection

            Sprint My Sprint- https://www.sprint.com/en/support/solutions/services/block-restrict-or-allow-voice-calls-using-my-sprint.html  

            Verizon Caller Name ID-  https://www.verizonwireless.com/solutions-and-services/call-filter/

ROBOCALLS- Take Steps to Have Some Peace and Quiet

Robocalls have become an annoying part of modern life. You can receive them on your landline (if you still have a landline) or on your cell phone. At least one study estimates that almost half of mobile calls by 2019 will be scam calls. The calls may offer a product or try to scare you into paying to avoid some made up offense with gift cards that you buy at a local store.

Robocaller scams are also using “spoofing” to convince you to pick up the phone. Spoofing is where the robocaller shows a phone number on your caller ID that the scammer is trying to impersonate such as the IRS or Social Security Administration. Robocallers may also show a number from your area code and prefix on the assumption that you will think a neighbor is calling you.

While there is technology that helps reduce robocalls, there is no one silver bullet that stops all robocalls or scam calls.

The Do Not Call Registry, while it is important to list your phone number(s) on this registry, has proven to be only a partial answer. Experience shows that legitimate businesses will not call your number, but scammers do not pay attention to the list.

You can ask your phone company if it has an advanced robocall-blocking service. It may cost an extra $3 to $4 per month, but it may be worth the cost to reduce the number of robocalls that you receive.

Call-blocking apps may be another option. Some may charge a monthly fee while others may be free. Some major apps include Nomorobo, Hiya, and PrivacyStar.

Finally, if you do receive illegal robocalls, report the numbers to the Federal Trade Commission at www.donotcall.gov.

Here is some more information about blocking robocalls,

KOMO News:

https://komonews.com/news/consumer/fighting-back-against-robocalls-still-a-work-in-progress-but-here-are-things-you-can-do

Marketplace:

https://www.marketplace.org/2018/11/05/tech/why-its-so-hard-stop-all-those-spam-calls

AARP:

https://www.aarp.org/money/scams-fraud/info-2018/tips-to-stop-spam-calls.html?cmp=SNO-ADV-FB-AO-FWN&socialid=1817429235