SB 208 also authorizes the Public Utilities Commission and the Attorney General (AG) to bring an action pursuant to Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA). The Commission may, at the request of the AG, work with the AG to enforce subdivisions (e) and (g) of Section 227 of the TCPA.
The law does not require a telecommunications service provider to employ call block, does not limit any rights otherwise permitted by law and does not otherwise expand the Commission’s power.
There is not yet a federal regulatory scheme set up to ensure that companies are deploying the STIR/SHAKEN framework. It remains to be seen whether other states will follow California’s footsteps, and, if so, whether a variety of state regulatory schemes will create a complicated compliance regime for companies doing business throughout the country.
Before January 1, 2021, telecommunications service providers doing business in California should work with relevant vendors to make sure that they implement STIR/SHAKEN protocols, or other comparable technology. Given that the new law allows the AG to call upon the Public Utilities Commission to help enforce Section 227(e) and (g) of the TCPA—which provide for forfeiture and civil penalties—companies can expect to see increased TCPA enforcement attempts.
