The Truth In Caller ID Act of 2009 (pdf) does NOT contain a private right of action like the TCPA and the statue of limitations is only 2 years, but the FCC can impose huge fines.
Even before passage of the Truth In Caller ID Act, FCC rules required telemarketers to pass accurate caller ID information. FCC rules specifically require that a telemarketer:
- transmit or display its telephone number or the telephone number of the seller on whose behalf the telemarketer is calling, and, if possible, its name or the name and telephone number of the company for which it is selling products or services.
- display a telephone number that 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. …
Septic Savior certainly can’t claim that they weren’t aware of the rules because of the relatively new Truth In Caller ID Act.
34. Amount of Penalties. The Act specifies that the penalty for a violation of the Act “shall not exceed $10,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,000,000 for any single act or failure to act.”
From the July 12, 2011 FCC Enforcement Update (pdf)
Truth-in-Caller ID Act Rules: The Commission’s new rules implementing the Truth-in-Caller ID Act provide that a penalty for violation of the Truth in Caller ID Act shall not exceed $10,000 for each violation, or three times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,000,000 for any single act or failure to act. The rules adopt a two-year statute of limitations and, unlike the case with most FCC forfeitures, do not require that a violation be willful or repeated to be the subject of a forfeiture. The rules also provide that, contrary to the usual case, entities that do not hold FCC licenses or other authorizations will be subject to penalties for violations without the need for a preliminary citation.
Filing online FCC complaints:
You get to select from a number of violations and apparently I have to submit TWO complaints because you can only select one option. So my first complaint will be for “The telephone number displayed on your caller ID screen is false or ‘spoofed'”
I’ll discuss the Septic Savior TCPA violations after I filed the FCC complaint. And before filing the complaint, I’ll give Mr. Thau the opportunity to advise me of any errors or incorrect conclusions about the Septic Savior marketing techniques and to tell me where he got my super secret cell phone number.