Against that background, Congress directed the Commission to develop a streamlined process for private entities to submit robocall information to the Commission. 13. daniel.stepanicich@fcc.gov. Document page views are updated periodically throughout the day and are cumulative counts for this document. Those two fundraising firms, whose ownership is not clear, dissolved Pledge Assistance in July 2018 and Politicause in June 2019, according to Wyoming records. documents in the last year, by the Coast Guard https://ecfsapi.fcc.gov/file/06171386503472/FCC-21-75A3.pdf. 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. Contact Information P.O. shall send The callers said theyd already honed their charity pitches and so found it easy to repurpose them for the political committees, appealing to patriotism and what one called pulling heartstrings.. 6. SOURCE: National Consumer Law Center, Federal Trade Commission. No Impact on Informal Consumer Complaint Process. 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). Police officers defense back. adopted The Commission's Enforcement Bureau (Bureau) will monitor the portal. First, we find that interpreting the term to exclude individual consumers from the definition of private entity is consistent with Congress's other uses of that term and similar terms. Some fundraisers work in both worlds, raising money for charities andPACs. 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. on NARA's archives.gov. A spokesperson for the Republican Attorneys General Association did not address questions about the robocall but sought to distance the organization from the event. New Documents The Commission vigorously enforces violations of section 227. FAIRFAX, Va., July 10, 2020 /PRNewswire/ -- The Committee for Police Officers' Defense, the political arm of Police Officers' Defense Coalition, recently launched a . The Consumer and Governmental Affairs Bureau also forwards complaints to the Enforcement Bureau, which may use them to pursue enforcement actions. 5. Last summer, after coming under fire from state and government regulators for alleged deception in fundraising for charities, he defended his reputation on a website called richardzeitlintruth.com. Former Politicause employee Armstrong said he was fired in 2018, when the call center did charity fundraising, for having drugs at work. People with Disabilities. documents in the last year, 663 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. Neither he nor other officials at his company returned requests for comment. Federal Register 17. 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. Reporters visited the center last summer, though it has since closed. 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. The documents posted on this site are XML renditions of published Federal This new portal will not affect the process by which a consumer submits an informal complaint about a robocall or spoofed call, using the long-standing process located on the Commission's homepage. We released a Notice of Proposed Rulemaking ( 03/03/2023, 159 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. 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. Spot the latest COVID scams, get compliance guidance, and stay up to date on FTC actions during the pandemic. 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.. It is further ordered This site displays a prototype of a Web 2.0 version of the daily Laura Strickler is a senior investigative producer and reporter for NBC News. not individual consumers) about robocalls and spoofing best aligns with the TRACED Act requirement. In the Appendix A, Our PAC contributions to both the Republican and Democratic Attorneys General associations were used strictly for attorneys generals campaign purposes, the spokesperson said in a statement. Consumers, meanwhile, should continue to submit individual complaints about unwanted robocalls and spoofed calls that they receive through the Consumer and Governmental Affairs Bureau's informal consumer complaint process. 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 prohibitions regarding robocalls or spoofing set forth section 227(b) and 227(e) of the Communications Act of 1934, as amended. 05/04/2018 05:04 AM EDT. It will be submitted to the Office of Management and Budget (OMB) for review under section 3507(d) of the PRA. by the Foreign Assets Control Office The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. I had breast cancer, so they knew how to get me, she said. Although the portal will not reject submissions that fail to include the above information, such failure will make it more difficult for the Bureau to investigate fully and take appropriate enforcement action. 9. 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. Memo from Chair Lina M. Khan to commission staff and commissioners regarding the vision and priorities for the FTC. We agree with comments expressing the importance of vetting submitted information and protecting confidentiality. In 2018, the Federal Trade Commission sued Zeitlin for allegedly deceptive practices in charity fundraising, but the case has been suspended because a grand jury was investigating, according to court documents. Its the only thing in life Ive ever been (expletive) good at, said Armstrong, who records show has theft and drug convictions. We do not support any similar activities now, and will not in the future., A Microsoft spokesperson said: We condemn the actions taken by the RLDF and are raising our concerns directly with RAGA. On its website, this organization says you can be removed from its call list by completing this form . Sections 64.1204(a) and 64.1606(a) contain new or modified information collection requirements that require review by OMB under the PRA. documents in the last year, by the Executive Office of the President Jan. 8, 2021, 5:36 PM PST. electronic version on GPOs govinfo.gov. All said they thought they were giving to a charity. or to request reasonable accommodations ( Efforts to pass anti-robocall legislation have stalled for years, but the agreement announced Friday increases the odds that Congress will send the White House a bill before 2020. 801(a)(1)(A). 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. L. 115-141, Div. If new workers werent making sales, they were quickly fired. regulatory information on FederalRegister.gov with the objective of 47 U.S.C. 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. Solicitors asking you to donate to charity. Despite currently transitioning into my role as the newly elected chairman of RLDF, it is unacceptable that I was neither consulted about nor informed of those decisions. For an optimal experience visit our site on another browser. Search the Legal Library instead. If you are using public inspection listings for legal research, you informational resource until the Administrative Committee of the Federal 1503 & 1507. 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. that the Commission This repetition of headings to form internal navigation links 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. The Federal Election Commission has jurisdiction over political spending but neither the agency nor Congress has acted on recommendations in 2016 by some of its own members to strengthen fraud protections and disclosure requirements as part of campaign law. In addition, public entities often contact Enforcement Bureau staff directly about robocalling and spoofing matters. The portal is available for use by private entities that wish to submit information about suspected robocall or spoofing violations. But because that suggested donors were contributing directly to purchasing new gear, the callers said they were told by managers to adjust their language. These markup elements allow the user to see how the document follows the On September 1, 2009, new FTC rules went into effect prohibiting most prerecorded telemarketing calls, commonly known as robocalls . 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. They said to pitch it like it was a charity but as quietly and quickly as you can, slip in that it was a PAC, said Lefler, who worked at TPFE until March. Generally, those in the informal network portrayed themselves as charitable, gave little to the causes they promoted and relied principally on small donors. 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. To protect law enforcement methods and techniques, we decline to adopt SAFE Credit Union's suggestion to detail the exact steps and criteria that the Bureau will use to evaluate the information submitted. 27. Thus, we have minimized the impact on small businesses. 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. The purpose of the portal is to provide private entities a streamlined method to submit information to the Bureau about suspected robocall or spoofing violations. 2021-14711 Filed 9-22-21; 8:45 am], updated on 4:15 PM on Friday, March 3, 2023, updated on 8:45 AM on Friday, March 3, 2023, 105 documents Those calls used a recording of Trump's . This feature is not available for this document. 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. Final Regulatory Flexibility Analysis. We wish it was 100, but we have to keep the lights on.. Federal campaign records tell part of the story. 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 . Its hard to bring these cases unless you have evidence disproving that.. Start Printed Page 52843 documents in the last year, by the Nuclear Regulatory Commission To request this document in accessible formats for people with disabilities ( Find legal resources and guidance to understand your business responsibilities and comply with the law. 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. publication in the future. People are getting ripped off, Weintraub said in an interview. Thus, a private entity is only in a position to provide information about calls that it suspects are violations of the law. 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.. This document has been published in the Federal Register. Both Politicause and TPFE had procedures to keep workers with fraud convictions from handling credit card information, former callers said, although Politicause workers said the rules were sometimes relaxed for high performers. Gifts to actual charities are; donations to PACs, which sometimes sound like charities, are not. Never disclose personal information. Or follow the simplest rule: Never give to anyone over the phone, said Margot Saunders, senior counsel for the National Consumer Law Center. Find the resources you need to understand how consumer protection law impacts your business. 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. 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. Ultimately, changes must come at the federal level, said Ellen Weintraub, a Democrat who chairs the Federal Election Commission. That process is a well-established one that consumers have come to understand and depend upon. 23. We recognize that consumers might mistakenly file complaints through the new streamlined process rather than the existing consumer complaint process. Robocalls and the Do Not Call Registry. 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. 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. 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. Police Officers' Defense Coalition and Committee for Police Officers' Defense is committed to cleaning up the annals of justice by flushing out those who pretend to represent the people, but instead manipulate the system and the prosecute police officers as a stepping stone to their next higher political office. 03/03/2023, 234 Aside from the lions share that went to for-profit fundraisers, many of the PAC operators took a slice for salaries and overhead. Recording / robocall Comments . How do I know you are telling the truth or the people who talked to you are telling the truth? he said. About the Federal Register A web of new political action committees raised nearly $6 million in recent months under the guise of supporting police, veterans and . When she later realized it was a PAC telemarketer, she felt exploited. corresponding official PDF file on govinfo.gov. it is ordered documents in the last year. shall be effective 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. (Super PACs are a type of political action committee that faces no limits on spending or contributions, by virtue of court decisions a decade ago.). Demonstrators attempt to enter the U.S. Capitol during a protest on Jan. 6, 2021. The committees treasurer, attorney Chris Marston, told Reuters the purpose of the PAC was to raise money in support of candidates who would help police and firefighters., Im sure the [call] scripts didnt misrepresent anything, Marston said. Instead, the bulk of the money is kept by fundraising firms or the people running the PACs. Commenters were concerned that the definition proposed in the Definition of Private Entity. A JPMorgan spokesperson said its political action committee donated $25,000 to the attorneys general group and none of it went to the Rule of Law Defense Fund. Stop robocalls with Nomorobo Braille, large print, electronic files, audio format, etc.) 20. Many companies that donated to the Republican Attorneys General Association also gave to the Democratic Party equivalent. At the time Reuters visited, the firms Hoover call center was jammed with desks and callers on headsets. the material on FederalRegister.gov is accurately displayed, consistent with 227(b). Lisa Cavazuti is an investigative reporter for the NBC News Investigative Unit. 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 data in turn informs the Commission's policy work, serves as a deterrent to companies the Commission regulates and contributes to consumer protection efforts. 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 . fcc504@fcc.gov It was viewed 36 times while on Public Inspection. and services, go to documents in the last year, 26 21. Good evening this is Mike Stevens calling for the Committee for police officers defense this calls recorded for quality assurance Ok Hello hello. 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 Bureau will review information submitted through the portal to assess violations of the rules in the same manner that it reviews information submitted to the Commission through other means. Interviews and records indicate managers at both firms once worked at a Zeitlin company called Courtesy Call. Jessica Blanchard, 23, who worked at Politicause in 2018, said many callers either were addicts from halfway houses or jail inmates on work release. Reached for comment, the Chamber of Commerce provided a statement from Harold Kim, president of the U.S. Chamber Institute for Legal Reform. 30 days after publication in the It is not an official legal edition of the Federal shall send Legitimate charities can be checked on websites such as www.guidestar.org. Ask if the donation is tax-deductible. 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. Once submitted, the Bureau will review to determine whether the information presents evidence of a violation of our rules. Learn more here. Timely and thorough information from private entities is crucial to enable the Commission to mitigate illegal robocall incidents and bring swift enforcement actions. 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. 5. 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. She is based in Washington. Baker said he founded Salt Lake City fundraising firm American Public Resource because he hoped to support worthy goals like helping veterans.The firm was paid nearly $3 million from 2017 through mid-2019 for its work raising money for PACS that spent anywhere from 0% to 7% on their promoted causes. The FRFA is set forth in Appendix C. 18. Delegated Authority. Register documents. 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. on Together Politicause and Pledge Assistance earned close to $20 million between January 2017 through mid-2019 raising money for PACS, campaign finance records show. establishing the XML-based Federal Register as an ACFR-sanctioned as set forth in Appendix A. We have never contributed to Rule of Law Defense Fund. None of the three managers Reuters was able to identify could be reached for comment. after OMB completes its review, and directs the Enforcement Bureau to cause 64.1204 and 64.1606 to be revised accordingly. I cant speak to peoples understanding or what the scripts said., I dont think you understand how hard it is to fundraise. . Consistent with these privacy protections, however, the Bureau may share information gathered from the portal with other government agencies combatting robocalls. 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. The groups share funding, staff and office space in Washington, D.C. Federal Register issue. The .gov means its official. The call center in Sylacauga, visited by Reuters last year, was operated by Las Vegas-based TPFE Inc, a firm controlled by Zeitlin. provide legal notice to the public or judicial notice to the courts. It also has roots in charity fundraising. Compliance with the requirements of that information collection will not be required until after approval by the Office of Management and Budget. 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. on Lastly, we delegate authority to the Bureau to make further decisions about administration of the portal. It is an organization who (sic) advocates for those who deserve it the most and are often left behind: American Veterans, especially who are homeless and disabled, the FAQ read. Start Printed Page 52841 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. Elsewhere in the Communications Act, however, Congress used the term person to include individuals and organizational entities. The authority citation for part 0 continues to read as follows: Authority: documents in the last year, 83 Neither Zeitlin nor his attorney would comment on the FTC lawsuit. 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.. 12. Its infuriating, said Angelides, who learned from Reuters that it was a PAC that got his money. Start Printed Page 52842 There should be more transparency on this to protect consumers, he said. The Public Inspection page POLICE OFFICERS DEFENSE ALLIANCE PAC. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR parts 0 and 64 as follows: 1. Demonstrators attempt to breach the U.S. Capitol on Jan. 6, 2021. We also have a process for obtaining information from certain public entities: Federal and state law enforcement agencies routinely coordinate with the Enforcement Bureau about robocall and caller ID spoofing enforcement and mitigation efforts.