How many times have you received a call regarding “your car’s extended warranty” this year alone? 46% Americans have reported receiving multiple spam calls every day as surveyed by Insider February 2021. You could always block the number, but the unfortunate thing is many of these companies are spoofing existing phone numbers. One of the most common practices of spoofing is when a spammer uses an existing caller ID or phone number to fake outgoing calls in hopes it will increase their chance of vulnerable Americans answering the phone.

This makes it almost impossible to block any of the spam numbers you receive because you might be blocking the number of a real person or company. Even worse, your number is probably being spoofed right at this very moment. Millions of American’s phone numbers are being hijacked by spammers every day. The sad part is, there are hardly any practices in place to keep this from happening.

Is Spoofing Legal?

This is a complicated question. The short answer is yes, but only when used ethically. There are actually several instances where spoofing is completely legal and necessary. One example might be when a doctor uses the Caller ID and number of their office to call a patient from their cell phone. This is 1) to ensure the doctor’s privacy and 2) so if the patient doesn’t answer, they will be able to call back to the number of the office to appropriately leave a message with the receptionist.

The Federal Communications Commission (FCC) has set forth several guidelines on times when number spoofing is legal. Under the Truth in Caller ID Act, the FCC states that it is illegal for anyone to transmit misleading information with the intent to defraud, cause harm or wrongly obtain anything of value.

Yes, It’s Actually Legal for Some Telemarketers

There are actually several cases when it’s legal for a telemarketer to partake in number spoofing. The FCC has clearly defined when these instances are.

FCC rules specifically require that a telemarketer:

• Transmit or display its telephone number or the telephone number on whose behalf the call is being made, and, if possible, its name or the name of the company for which it is selling products or services.
• Display a telephone number you can call during regular business hours to ask to no longer be called. This rule applies even to companies that already have an established business relationship with you.

Signs Your Number Is Being Spoofed

It is actually quite difficult to tell if your number or Caller ID has been compromised. Some of the only ways to tell if your number has been compromised are if you are receiving calls or texts from people attempting to return a call you never made. If you are receiving a lot of messages from people wondering why you have called them, that is a pretty good indicator your number has been compromised.

What to Do if Your Number Has Been Spoofed

There are unfortunately very few things you can do at the moment to get your number to stop being spoofed entirely. While the FCC is working to crack down on spam callers, there are a few things you can do on your end to alleviate the pains of having your number compromised. The easiest is to leave a simple and clear voicemail regarding the situation. Your message can be as simple as: “If you are calling because you received a call from this number, please know my number has been spoofed by a telemarketing company. Please block my number so you don’t receive any more calls from my number without my consent.”

Why the US Is Limited on What They Can Do

The FCC does not have authority over the governments of other countries. They can create practices that are required by American companies, but have little they can do regarding international calling. Several spamming companies have resorted to international calling to carryout their schemes. One of the main countries where these calls take place come from India. The reason being that while this country does have some legislation in place, it does not have much for this present day dilemma. Their current legislation is The Indian Telegraph Act of 1885 which mainly regards tampering with telegraph machinery. This does not lend to much to the ever-present telephone scamming that occurs millions of times a day. Fortunately, there are several things the FCC can do here in America to further protect Americans from these illegal calls.

What Is Being Done Legally to Prevent Illegal Spoofing?

The FCC has taken the illegal spoofing industry quite seriously. Recently the Anti-Spoofing Penalties Modernization Act was introduced which would double the penalty for illegal spam calls. This would increase the minimum fine from $10,000 to $20,000 and the maximum fine from $1 million to $2 million.

The FCC is also implementing orders that would require phone providers to utilize new technology that verify the caller and caller ID are being utilized correctly. This technology would help to cross reference that the name and number being used for outbound calls are coming from the proper phone. If the cross-reference does not line up, the call will not be able to go through. This new technology is called STIR/SHAKEN.

The FCC states on their website “The STIR/SHAKEN framework is an industry-standard caller ID authentication solution that operates solely on Internet Protocol (IP) networks.” STIR stands for Secure Telephony Identity Revisited. SHAKEN stands for Secure Handling of Asserted information using toKENs. This new legislation now has a new deadline which requires all voice service providers to utilize this software by June 30, 2022.

Conclusion

While spoofing may not be illegal entirely, there is definitely a high margin regarding illegal spoofing and spam calls. Many Americans might feel hopeless with the large amount of spam calls they receive each day, but there is hope with new legislation that will be required over the next year. Travis Voice & Data is ready for the new STIR/SHAKEN protocol that will help ensure our customers are safe and secure. Check back for more updates on legislation and practices that will be implemented to protect Americans. To become a customer or learn more, contact us!