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Federal, Arizona leaders seek to double fines for illegal robocallers

Posted 7/22/19

Arizona leaders both in-state and at the U.S. Capitol are among those leading the push for improved measures to crack down on illegal robocalls, especially of senior citizens.

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Federal, Arizona leaders seek to double fines for illegal robocallers

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Arizona leaders both in-state and at the U.S. Capitol are among those leading the push for improved measures to crack down on illegal robocalls, especially of senior citizens.

From Arizona Attorney General Mark Brnovich to U.S. Sens. Martha McSally (R-AZ) and Kyrsten Sinema (D-AZ), everyone knows of the annoyances of receiving a phone call they don’t want to answer — or they do answer and are trying their best not to curse the caller.

Ms. McSally and Ms. Sinema helped introduced the Anti-Spoofing Penalties Modernization Act of 2019 Wednesday to aid Americans who are being flooded with robocalls. Also sponsoring or co-sponsoring the bill are U.S. Sens. Susan Collins (R-ME), Josh Hawley (R-MO), and Gary Peters (D-MI).

The bill would double the penalties for illegal caller-ID “spoofing,” a tactic officials said that scammers often use to trick people into answering their phone calls.

“Scamming seniors and veterans is reprehensible,” Ms. McSally said. “Scammers must be held accountable and feel the consequences of posing as the IRS, FBI, or any other legitimate entity. We have a solution that will increase penalties for those who take advantage of others.”

Spoofing of caller-IDs is commonly used by criminal robocallers to mask their true identity. Con artists use it to boost their credibility and fool people by making it appear as though they are calling from the Internal Revenue Service, the FBI, a local police department, or another legitimate agency.

According to YouMail Robocall Index, an online database, about 4.4 billion robocalls were placed nationwide in June — or 13.3 calls per person. Arizona was below the national average in calls per person at 11.5.

The number of spoofed calls and the consumer financial losses tied to robocall scams have increased by nearly 50% in recent years, according to a release. Americans received almost 18 billion scam robocalls in 2018. Overall, however, robocalls increased in the U.S. by 57% from 2017 to 2018, to 48 billion.

The FCC reports that imposter scams reportedly cost consumers $488 million in 2018.

Common scam robocalls include scams related to health insurance, student loans, easy money scams, tax scams, travel scams, business scams, and warranty scams

Although not all robocalls are illegal, state attorneys general have argued it is no coincidence the number of robocalls Americans are receiving is exploding at the same time there is a similar explosion in scams perpetrated via telephone.

After Wednesday’s U.S. Senate Committee on Aging hearing on combatting robocalls, Ms. McSally met with Maggie Dickens of Tucson, whose parents were robbed of almost $750,000 in a “sweepstakes” scam.

To add to the matter, Ms. Dickens’ father, a 20-year U.S. Air Force veteran, is living with Alzheimer’s disease, and has lost much of what he had saved from his military pension.

In 2010, the U.S. Congress passed the Truth in Caller ID Act, which prohibits the use of misleading or inaccurate caller-ID information to intentionally defraud, cause harm, or wrongfully obtain anything of value.

However, the use of this tactic has exploded since then, officials said, underscoring the need for stronger deterrent measures.

The new bill would double the penalties for illegal spoofing under existing law, increasing the fine per violation from $10,000 to $20,000 and increasing the maximum fine from $1 million to $2 million. The law would also extend the statute of limitations for these violations from two years to three years.

“Robocalls are more than just a nuisance, and we must go after the criminals who use robocalls to harass seniors,” Ms. Sinema said.

According to a release, robocalls are the No. 1 consumer complaint the Arizona Attorney General Office receives. More than 550 million robocalls have been placed to Arizonans in just the first six months of 2019.

In June, local and national agencies announced results of Operation Call it Quits, which helps combat pre-recorded telemarketing calls. Officials also provided new information to help educate consumers about illegal robocalls.

The operation included 94 different actions targeting robocall operations around the U.S. that are responsible for more than 1 billion calls pitching a variety of products and services — like credit card interest rate reduction services, money-making opportunities, and medical alert systems.

Among its cases, the Arizona Attorney General’s Office filed a Do Not Call and Consumer Fraud lawsuit against Sun City-based Bright & Shiny Cleaning Company and its owner, Donald Burkhardt. The company and its owner are alleged to have called tens of thousands of Arizonans list on the federal registry, repeatedly called consumers who asked the company to stop calling, and used a deceptive scheme to gain access to consumers’ homes and subject them to high-pressure sales presentations for Kirby vacuums.

If you believe you have been a victim of an illegal robocall, call the Arizona Attorney General’s Office in Phoenix at 602-542-5763, in Tucson at 520-628-6648, or outside the metro areas at 800-352-8431.

Earlier this year, Ms. Sinema and Ms. Collins worked on the Senior Security Act, which creates a task force focused on protecting Arizona seniors from financial crimes and scammers. Legislators also vouched for the TRACED Act, which cracks down on illegal robocalls and holds perpetrators of such robocalls accountable.

“Protecting American seniors from scammers who seek to defraud them is a central goal of the Senate Aging Committee,” said Ms. Collins, chairman of the Senate Aging Committee. “Robocallers use ‘spoofing’ to hide their true identity, a key to the success of their notorious scams.”

Ms. Sinema’s efforts also build on her work last year in the U.S. House as a leader on the Senior Safe Act, which enables financial institutions to work with law enforcement in order to stop financial abuse of seniors.

During a U.S. Senate Special Committee on Aging hearing last week labeled “Combating Robocall Fraud: Using Telecom Advances and Law Enforcement to Stop Scammers and Protect Seniors,” Delany De Leon-Colon, postal inspector in charge at the U.S. Postal Inspection Service, mentioned that veterans are a top target of robocall scammers.

Sen. Martha McSally asked why.

“As a veteran myself, this is deeply disturbing,” she said.

In response, Ms. De Leon-Collins said the scammers are enticed by the benefits veterans receive.

“ tell them that they are veterans as well,” she said. “They come into conversation scheming up situations where you are going to help other veterans creating charity as well or to help your brethren out.”

That didn’t sit well with Ms. McSally.

So as officials continue advocating against illegal robocalls, Ms. McSally may have put things a little succinctly when it comes to those who are adding unneeded stress to the lives of seniors, and veterans.

“There’s a special place in hell for people who are preying upon those who served and sacrificed for our country,” she said. “We need to go after these people, but it starts with a phone call. The technology has got to be there to stop it.”

Arizona, Seniors, veterans, Mark Brnovich, Arizona Attorney General's Office, newsletter, Martha McSally, Kyrsten Sinema, U.S. Senate, U.S. House, U.S. Congress, Elder Abuse, Robocalling, Spoofing