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Supplier to staffing industry receives FCC citation

May 14, 2015

Call-Em-All, a supplier of calling services to staffing and other industries, received a citation from the Federal Communications Commission alleging the company broke rules that prohibit unauthorized robocalls to cell phones, according to the FCC. But the company said the calls in questions represent only a small portion of its customers’ traffic.

“We believe the prerecorded political and marketing calls the FCC is unhappy about are a very small portion (around 2%) of our customers’ traffic,” said Call-Em-All founder and President Brad Herrmann. “We will be meeting with the FCC soon to address the issues raised in the citation.”

Call-Em-All’s service allows clients to make artificial or prerecorded voice calls to telephone numbers of the clients’ choosing, according to the citation. Clients include staffing firms, nonprofit organizations such as youth sports leagues and others as well as political or solicitation messages.

“The only staffing firms that potentially could be affected are those that have acquired lists of phone numbers from third parties and do not have the requisite consent from the intended recipient to initiate prerecorded calls,” Herrmann said. “As a matter of policy, Call-Em-All has always required that its customers comply with all applicable laws and regulations, including the [Telephone Consumer Protection Act], when using our service. However, we believe that only a very small portion of our staffing industry clients will need to revise their calling practices to ensure compliance going forward.”

He added: “While this has certainly been an unfortunate, unintended incident that does not reflect, and will not impact, the vast majority of our customers, we’re using it as an opportunity to improve, and we’re optimistic that we will be able to put this behind us quickly."

Rules allow robocalls if they are made for emergency purposes or prior consent is given, but neither was the case in this instance, according to the citation issue May 4. Further violations could result in fines of up to $16,000 per robocall, according to the citation.

The FCC began its investigation in February 2013 by requesting a list of all robocalls made by Call-Em-All in the last two weeks of October 2012. The FCC compared the list against a database of cell phone numbers and found more than 55,000 robocalls were made to cell phones, according to the citation. FCC staff randomly chose 10 cell phone numbers from the list and contacted them. The respondents at the numbers said they did not give prior consent for the calls, according to citation.