Who’s calling?

Half of largest phone companies earn D’s or F’s on robocall protections

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Unwanted robocalls have been the No. 1 consumer problem at the Federal Communications Commission for years. Congress has passed laws to squash them, states have launched special investigations to fight con artists and millions of consumers file official complaints every year about fast-talking robocallers trying to get money or information.

Yet, most phone companies are not doing everything they could do to protect us. In fact, half of the largest phone companies in the United States earn D or F grades for the free services they don’t offer, according to a U.S. PIRG Education Fund survey and research of the companies. These free services include protections as basic as providing on-screen scam warnings or allowing customers to block calls with no Caller ID.

These are all services the FCC has permitted phone companies to offer for several years. And many of the companies we surveyed for this report promised the attorneys general in all 50 states back in 2019 that they would offer customers some of these tools so individuals could take steps for more protection if they wanted. That’s not happening in all cases.

It’s no wonder that many of us continue to be tortured by unwanted and illegal phone calls. About 92% of Americans said they received spam calls in 2023, and 86% received spam texts, according to Truecaller’s U.S. Spam and Scam Report.

We surveyed 24 of the largest U.S. phone companies – both cellular and home phone lines – to see who fares well and who doesn’t. It’s not pretty.

PIRG’s survey follows our October analysis showing that fewer than half of the 9,290 phone companies registered with the FCC had installed anti-robocall technology networkwide as of Oct. 1, 2024. In the weeks after our report, 47 state attorneys general urged the FCC to crack down, and the FCC announced a new push to shutter companies that allow illegal robocalls.

PIRG’s analysis graded companies on free services and overall, including use of anti-robocall technology:

Five companies earned A’s for services:
* Charter/Spectrum
* Comcast/Xfinity
* Lumen/CenturyLink
* Nextlink
* AT&T

Three companies earned A’s overall:
* Charter/Spectrum
* Comcast/Xfinity
* Nextlink

Two companies earned B’s on services:
* Cox Communications
* Windstream

Five companies earned B’s overall:
* AT&T
* Lumen/CenturyLink
* Mediacom
* T-Mobile
* WOW!

Five companies earned C’s on services:
* Frontier
* Mediacom
* Optimum by Altice
* T-Mobile
* WOW!

Three companies earned C’s overall:
* Cox Communications
* U.S. Cellular
* Windstream

Everyone else – 12 of the 24 – earned D’s or F’s on services, and 13 earned D’s or F’s on overall grades. The reason: Either they didn’t respond to our survey despite multiple emails in the last few months, or they haven’t completely installed federal anti-robocall technology that gives calls a “digital signature” to legitimize them. The anti-robocall technology is required by a law passed overwhelmingly by Congress in 2019, by a near-unanimous 514-4 vote.

Some companies have not yet adopted the technology on the non-internet parts of their network; some filed for extensions from the FCC.

Photo by * | TPIN

Nearly 99% of adults in the United States have a phone – either a cellphone or a landline. Nearly 22% have both – twice as much opportunity to get unwanted calls. Almost everyone gets at least some spam calls.

Fortunately, only a fraction become victims, with 56 million Americans reporting they lost money through scam calls in 2023. This represents 21% of adults.

In this report, we dig into what voice providers are legally supposed to be doing, what they’re allowed to do and what they’re actually doing to protect all of us.

HOW ALL 24 COMPANIES SCORED

See how the grades were tallied on how each of the phone companies, based on which of the services they offer to protect their customers and their use of anti-robocall technology. Here are their final scores.

Photo by * | TPIN

Companies make money from calls that use their lines. That’s why many providers allow huge volumes of illegal calls.

WHAT COMPANIES ARE ALLOWED TO DO

Spam and scam calls have been a problem for nearly 20 years. The issue exploded when cellphone ownership among adults in the United States reached 70% in 2006 and the first iPhone was released in 2007.)

The modern-day robocall became illegal on Sept. 1, 2009. That’s when the Federal Trade Commission (FTC) started prohibiting pre-recorded telemarketing calls to any consumers who hadn’t agreed to the calls in writing.

As we know all too well, mandates haven’t worked. Criminals willing to scam someone often don’t care about breaking another law, and many of the bad actors are outside of the United States, out of regulators’ reach.

The FCC in 2015 started to approach the problem differently. Sure, regulators would continue to go after bad guys. But they also expected phone companies to do more to protect consumers.

Over the next several years, the FCC approved several new rules to allow companies to take numerous steps to help customers help themselves. For example: Phone companies are  allowed to block suspected spam calls by default. Customers are allowed to filter calls with no Caller ID. And so on. This is on top of the federal law Congress passed in 2019 by an overwhelming 514-4 vote) to require phone companies to use specific technology to attack spam robocalls and reduce illegal spoofing.

This prompts the question: What are our largest phone companies doing to protect us? For most of them, the answer is: Not nearly enough.

HERE ARE THE SERVICES COMPANIES CAN OFFER:

  1. Inform customers of services available to reduce unwanted calls.
  2. Block known scam calls and spoofed numbers by default.
  3. Warn on a person’s screen that an incoming call may be spam or a scam.
  4. Offer a “verified number” or check mark display on the recipient’s screen.
  5. Allow customers to opt in and filter or block illegal robocalls through a single source in one step.
  6. Allow customers to block/filter all calls with no Caller ID? (Often called “anonymous call rejection”)
  7. Offer a white list so customers can filter calls except those in their contacts? (Often called “selective call acceptance.”)
  8. Offer an app/service that allows customers to filter possible spam calls and texts per their preferences. i.e. block only high-risk calls, or all risky calls. (If so, are there tiers of service with different prices?)

The other two questions applied to companies whose customers can receive texts:

  1. Block certain robotexts that are likely to be spam/scams. (New FCC rule in January 2024 required providers to follow most of this by March 2024.)
  2. Allow customers to block email-to-text messages by making it opt-in? (Currently encouraged by the FCC; may be required soon.) This is important because “texts originating from email addresses, rather than telephone numbers, account for a significant percentage of fraudulent text messages,” the FCC says. “The email-to-text messages process allows the sender to be anonymous because the text is sent from an email account on a computer, not a phone number.”

The scoring rubrics are fairly simple. We have two grades:

Services offered: There are eight basic services companies can offer; companies whose customers receive texts can offer two more. Each service is worth one point. If they offer an app or a service to allow customers to take some control of filtering robocalls but they charge extra for that, the companies lose two points.

Overall grade: This combines the services grade plus whether the company has completely or partially installed federally required robocall-fighting technology, aimed at filtering spoofed, spam or scam robocalls. Congress passed this law in 2019. Companies earn five points if they’ve completely installed the technology, 3 points if it’s partially implemented and no points if they haven’t yet done it. All of the companies we surveyed have at least partially installed it.

The highest score possible for services offered is 10 for companies that offer text messaging and eight for companies that don’t. The highest overall score possible including the federally required anti-robocall technology is 15 for companies that offer text messaging and 13 for those that don’t.

Some companies didn’t respond and we obtained some information from their websites. Regardless, they get an “incomplete.”

THE BIG FOUR CELLULAR PROVIDERS

One of the most interesting results is how the big four cellular companies fared. Let’s emphasize that the big four have 99% of U.S. cellphone market share.

All four of these cellular providers were among the original 12 companies that in 2019 signed an agreement on anti-robocall principles with attorneys general from all 50 states and the District of Columbia.

The No. 1 principle was to “offer free call blocking and labeling”:

“For smartphone mobile and VoIP residential customers, make available free, easy-to-use call blocking and labeling tools and regularly engage in easily understandable outreach efforts to notify them about these tools.

“For all types of customers, implement network-level call blocking at no charge. Use best efforts to ensure that all tools offered safeguard customers’ personal, proprietary, and location information.”

The bottom line is this: 94% of U.S. adults have a cellphone and 75% of adults use only a cellphone. The big four cellular companies hold 99% of the U.S. market share. We wouldn’t be getting 2 billion unwanted and scam calls every month if these four companies did a better job of protecting us.

AT&T -- A on services, B overall

AT&T scored the highest – an A on services and a B overall – even though it has only partial anti-robocall technology implementation. It scored high because it offers 9 of the 10 services to fight unwanted calls and texts and doesn’t charge customers an unnecessary monthly fee for allowing customers to step-up their protection with various types of blocks or filters. The only basic service it doesn’t offer: Allowing a customer to create a white list to accept calls only from contacts or specific numbers.

AT&T’s free ActiveArmor app offers the most common protections, such as automatic blocking of suspected fraudulent or spam calls, alerts for nuisance calls and filtering for spam texts. It does have a paid version but that offers atypical services, including a VPN, identity theft monitoring and blocks for harmful URLs on the internet.

In contrast, T-Mobile, Verizon and U.S. Cellular don’t offer as many of the basic services to all customers, or charge a monthly fee for their apps that offer more protection, such as blocking calls in unwanted categories, including “nuisance” or “political.” Verizon charges all customers who want the advanced app for more protection. T-Mobile and U.S. Cellular offer their premium app free for those with more expensive plans, but charge those with basic cell plans.

T-Mobile -- C for services, B overall

T-Mobile earned a C on services. It offers 8 of the 10 services for companies with texting, but it lost 1 point because it charges $4 per month for some plans for its Scam Shield Premium app. The premium app is used to block entire categories of calls, such as telemarketers or political solicitors, or to block calls or texts from specific numbers.

It’s available at no charge for higher-tier “unbundle carrier” benefits that also include international roaming, mobile hotspot and free streaming services.

It added 5 points because it has installed anti-robocall technology through its entire network. T-Mobile ended with 7 out of 10 for services and 12 out of 15 overall.

UScellular -- D for services, C overall

UScellular offers 7 of the 10 services for wireless customers. But it lost 1 point because it charges $3.99 per month for its Call Guardian Premium for some plans. The app allows customers to block nuisance calls, block neighbor spoofing and create a personal block list. It’s available at no charge for higher-tier calling plans.

It gets 5 points because it has installed anti-robocall technology through its entire network. UScellular ends with 6 out of 10 points for services and 11 out of 15 overall.

Verizon -- F for services, D overall

Verizon offers 7 of the 10 services for wireless customers. But it lost 2 points because it charges $3.99 per month for its Call Filter Plus app, needed for Caller ID, a spam risk meter, a personal block list or to block by category. Verizon ends with 5 out of 10 for services – an F. It added 5 points because it has installed anti-robocall technology through its entire network. It ended with 5 out of 10 points for services and 10 out of 15 overall.

Deducting points for those that charge to block unwanted calls

In our scoring, we deducted points for any provider that charged extra to allow customers to control the types of calls they don’t want. All four of these cellular providers have the ability to block many types of spam and scam calls. How dare they charge a monthly fee to allow customers to protect themselves better.

AT&T doesn’t charge any customers for its extra protection app. T-Mobile and UScellular charge some customers. Verizon charges all customers.

SOME COMPANIES DO A LOT FOR CUSTOMERS

Unwanted calls can be more annoying and potentially more harmful on landlines/home phones. About 9.5% of adults have a landline or VoIP/fiber line, either exclusively or in addition to a cellphone, according to the latest National Health Interview Survey by the Centers for Disease Control and Prevention.

Some of the largest cable/internet providers have rolled out numerous services – that they don’t have to offer – to help customers protect themselves. Some of these companies also offer mobile service. Here’s how they fared:

Nextlink - A for services, A overall

Nextlink was one of three double A companies – an A on services and an A overall. Nextlink offers phone service in 11 states, mostly in the middle of the country, from Wyoming to Minnesota and down to Texas and Louisiana.

It earned the highest grades in our survey, with near-perfect scores of 9.5 for services and 14.5 overall. It offers all eight of the basic services, including blocking known scam calls and spoofed numbers by default, warning on screen that a call may be spam or a scam and allowing customers to block/filter all calls with no Caller ID (often called “anonymous call rejection.”)

It also blocks suspected spam and scam texts by default. The only service it doesn’t offer is allowing customers to block email-to-text messages. This is currently encouraged by the FCC; it may be required soon. Nextlink said it isn’t offering this yet but has plans to do so; this earned the company a half-point.

It also has installed anti-robocall technology throughout its entire network, according to its filing with the FCC; less than half of providers operating in the United States  have done this, according to U.S. PIRG’s analysis of FCC data.

Charter/Spectrum - A for services, A overall

Charter/Spectrum also earned a double A  – an A on services and an A overall. with scores of 9 and 14, respectively.

Charter/Spectrum provides phone service in 41 states. It offers 9 of the 10 basic services we surveyed and has installed anti-robocall technology networkwide . It earned tied for the second-highest score, 9 out of 10 points on services and 14 out of 15 points overall.

It lost one point because it doesn’t offer a white list, as allowed by FCC since 2019.

Charter’s Spectrum mobile service relies on its underlying “mobile network operator” to offer protections related to blocking suspected spam texts and blocking email-to-text messages. The latter is currently encouraged by the FCC and may be required soon.

Comcast / Xfinity - A for services, A overall

Comcast/Xfinity earned an A for services and an A overall in our survey. It’s one of the nation’s largest cable providers and home phone providers, operating in about 40 states. It also offers Xfinity cellphone service, using Verizon’s network and Comcast hotspots.

The only service among the basic eight that it doesn’t appear to offer: Allowing customers to create a white list to accept calls only from contacts or specific numbers, as allowed by FCC since 2019.

Its Comcast and Xfinity filings with the FCC indicate the company has installed anti-robocall technology throughout its networks.

That gives the company an A overall, one of only three companies to earn an overall A. It’s one of five companies to earn an A for services.

Comcast was also one of the original 12 companies that signed on to an agreement on anti-robocall principles in 2019 with attorneys general from all 50 states and the District of Columbia.

Lumen/CenturyLink - A for services, B overall

Lumen Technologies/CenturyLink earned an A for services and a B overall, with scores of 8 and 11, respectively. It operates in 16 states. It offers all eight of the basic services we surveyed, including blocking known scam calls and spoofed numbers by default, allowing customers to block or filter all calls with no Caller ID and allowing customers to create a white list to allow calls only from contacts or specific numbers.

It’s one of the largest landline companies in the United States. It earned three out of five points for installing anti-robocall technology in only part of its network. Companies with non-Internet Protocol phone lines often need more time to implement the technology. Lumen has an extension through the FCC for the non-IP parts of its network.

“We share our customers’ frustration with fraudulent and unwanted automated telephone solicitations and are committed to doing our part to stop these annoying and harmful calls,” said Lumen spokeswoman Linda Johnson.

“We have taken and continue to take substantial steps to combat illegal robocalls on our network and wherever we can as an intermediary transit provider that hands off calls originating on other providers’ networks.”

Johnson noted that Lumen/CenturyLink is a founder of the Industry Traceback Group, which she said “helps reputable providers like us trace back fraudulent calls to their source and pursue action to cut them off.”

Lumen/CenturyLink was also one of the original 12 companies that signed on to an agreement on anti-robocall principles in 2019 with attorneys general from all 50 states and the District of Columbia.

Mediacom Communications Corp. - C for services, B overall

Mediacom, which offers phone service in 22 states, provides seven of the 10 basic services we surveyed and has installed anti-robocall technology throughout its entire network, according to its filing with the FCC. That earns Mediacom a C for services and a B overall, with scores of 7 of 10 for services and 12 of 15 overall. Only seven companies in our survey earned an A or a B overall.

The two missing services: It doesn’t allow customers to block or filter all calls with no Caller ID and doesn’t offer a white list.

“These solutions are not perfect and there is a balance to help ensure we don’t block valid calls,” said Thomas Larsen, Mediacom’s senior vice president for government and public relations. “The solutions we have implemented are constantly reevaluated, so we stay relevant with customer needs and changing regulations/technologies.”

Larsen noted that Mediacom has gone beyond the federal anti-robocall technology by offering multiple solutions (TNS and Neustar) to protect people from robocalls.

“The solutions use technology and known bad-actors and other sources to block calls,” he said.

On its mobile side, it operates on Verizon’s network, offering the same on-screen spam warnings Verizon does.

“We don’t have additional apps on top of that currently,” Larsen added. “The important thing to note is a large part of customers have smartphones and the contact on the phone supersedes any info identified by the spam solution.”

WOW! - C for services, B overall

WOW! offers only six of the eight basic services but has installed anti-robocall technology throughout its entire network, according to its filing with the FCC. It operates in six states. WOW! earned a C on services and a B overall, with scores of 6 of 8 for services and 11 of 13 overall.

WOW! spokeswoman Debra Havins pulled back the curtain a bit on WOW!’s robocall-blocking approach: “We automatically block calls with a –4 score and send Caller ID alerts with –3 and –2 scores,” she said.

While this is managed at the network level and consumers can’t customize this by choosing to block calls with a -3 or -2 score, Havins said, “we have found this approach to be effective (to) block known spam calls and give customers added information on the calls that may be suspicious.”

As with many phone providers, WOW!’s network has evolved: it purchased small providers in the Southeast including Knology of the Valley, Knology Total Communications and Valley Telephone Co. about 15 years ago. And it sold markets to Cogeco, Atlantic and Breezeline in 2022.

Cox Communications - B for services, C overall

Cox Communications earned a B for services because it offers seven of the eight basic services we surveyed. Cox operates in 18 states. The customer protection services offered include blocking known scam calls and spoofed numbers by default, warning on screen that a call may be spam and allowing customers to block or filter all calls with no Caller ID. The only one it doesn’t offer: A customer’s ability to create a white list to allow calls only from pre-approved numbers or contacts.

Cox also blocks certain text messages that are likely to be spam / scams because they’re coming from numbers unlikely to text or numbers that aren’t actually assigned to any or any government office. A new FCC rule in January 2024 required providers to follow most of this by March 2024.

It ended with grades of B for services and C overall, with scores of 7 of 10 for services and 11 of 15 overall.

Cox is one of seven companies to earn an A or B on services.

It earned a C overall because it has installed anti-robocall technology in only part of its network, according to its filing with the FCC. Companies with non-Internet Protocol phone lines often need more time to implement the technology. Cox has an extension through the FCC for a “small portion” of its network.

Windstream - B for services, C overall

Windstream earned 7 out of 8 points for services. It doesn’t offer an on-screen “verified” number alert or an additional app or service that allows customers to filter possible spam calls and texts, according to their preferences. But Windstream is considering the former and has the latter on its development plan. So it earned a half-point for each.

It earned a B on services and a C overall, with scores of 7 of 8 and 10 of 13 respectively. It has only partially installed anti-robocall technology, according to its filing with the FCC. Companies with non-Internet Protocol phone lines often need more time to implement the technology.

Windstream is one of seven companies to earn an A or B on services.

Windstream offers a trifecta of optional services: anonymous call rejection, selective call acceptance and selective call rejection.

It’s one of five companies in our survey that allow customers to block calls with no Caller ID and create a white list to accept calls only from contacts or specific numbers. The others are Frontier, Lumen/CenturyLink, Nextlink and WOW!

Windstream’s acceptance/rejection features are included with both residential and commercial phone services at no additional charge, according to Scott Morris, Windstream’s associate director of corporate affairs.

A NEW CRACKDOWN

Our report in October, Ringing in Our Fears, found that only 47% of the 9,290 phone companies registered with the FCC to operate in this country have completed installation of the federally required  robocall-fighting technology as of Oct. 1, 2024. Companies file their status with the FCC’s Robocall Mitigation Database, and must attest the information provided is true.

Two weeks after our report, a bipartisan coalition of 47 attorneys general sent a letter to the FCC, urging the FCC to improve its enforcement of the Robocall Mitigation Database and “close what has effectively been an unmonitored loophole that bad actors exploit to access the U.S. telephone network.”

Companies make money from calls that use their lines. That’s why many providers allow huge volumes of illegal calls.

“Illegal robocalls aren’t just annoying—they’re a gateway for fraud and scams that impact millions of Americans every day,” Arizona Attorney General Kris Mayes said in a statement in November. “Strengthening the FCC’s Robocall Mitigation Database to require accurate data and enforce meaningful penalties will go a long way toward shutting down illegal robocalls and protecting consumers from fraud.”

Read more

Mayes is also a member of the 51-attorney general Anti-Robocall Multistate Litigation Task Force.

Then in December, the FCC announced new enforcement and other actions to crack down on companies that are continuing to allow illegal and unwanted robocalls to travel on their networks. The FCC said 2,411 voice service providers “failed to properly file in the Robocall Mitigation Database and must show cause why they should not be removed.” When a company is removed from the RMD, all other phone companies are prohibited from allowing call traffic from the banned providers.

But remember calls on the lines means dollars in the pockets of phone companies.

“Phone providers can’t put their profits first and turn a blind eye to the illegal robocallers they allow on our phone networks,” Josh Stein, then North Carolina’s attorney general and now governor, said in December

At the same time, the coalition of state AGs sent formal warnings to four voice service providers suspected of allowing tens of millions of scam calls on their networks. The task force said attorneys general sent the results of their investigations to the FCC.

RECOMMENDATIONS

It’s incredibly unfortunate that we’re paying for phone service that we not only can’t rely on all of the time, but it can also actually harm us. When our phones ring or vibrate, we may cringe. We may get stressed about not answering what could be an important call or curious about a nonsensical text. At the very least, we’re annoyed or momentarily distracted.

Going back to sobering statistics: About 21% of U.S. adults were victims of scam calls in 2023, according to Truecaller’s U.S. Spam and Scam Report.

Further, 92% of Americans said they received spam calls in 2023, and 86% received spam texts. Fortunately, only a fraction became victims. However, a thief needs only a victim or two each day to make their crimes pay off. And a consumer needs only a few seconds to become a victim, sometimes with devastating, life-changing losses.

Here’s what we all need as consumers:

More protections from our phone companies

Most phone companies need to do more to protect their customers. Half of the companies in this analysis earn D or F grades regarding the free services they don’t offer.

Companies are allowed to block suspected scam or spoof calls from ever reaching consumers, as long as they give their customers a chance to opt back in. Companies are also allowed to label calls as possible scams or spam. And they’re allowed to display a checkmark or V next to a phone number, indicating the call is coming from the number displayed.

More companies are offering more of these services than a couple of years ago, but still, too few companies offer these protections for their customers. In some cases, if they do, they charge customers monthly fees.

More options to decide what calls and texts we want to filter

More companies also should give customers the power to block or filter suspicious calls or calls with no Caller ID or texts from unknown numbers if they want. They’re allowed to offer “anonymous call rejection” for calls with no Caller ID, and “selective call acceptance,” for people we may do to protect from getting calls outside of their contacts. The latter is often used for children or elderly folks. Many companies don’t offer these services.

Enforcement of new rules

The FCC continues to refine its rules to try to squash unwanted robocalls. For example, the FCC in 2023 announced new rules to require all providers, regardless whether they’ve installed STIR/SHAKEN, to take “reasonable steps to mitigate illegal robocall traffic” and detail what they’re doing in the FCC’s Robocall Mitigation Database. The FCC must follow through with its promises to protect us.

More rules to fight robotexts

The FCC needs to pass more rules to combat robotexts, requiring phone companies to block obviously illegal text messages. The FCC took baby steps in 2024 and has more rules proposed. The rules require mobile wireless carriers to block texts originating from invalid, unallocated, or unused numbers. Texts from these numbers are most likely to be illegal, the FCC says.

The rules affect only 10-digit numbers and toll-free numbers, not “short code” messages. Short code messages are generally five- or six-digit numbers often used by companies to reach people who’ve opted in to receive texts about bank transactions, prescriptions ready for pickup, suspicious account log-ins, etc. Because there’s no phone number attached to the messages, you can’t really determine who sent them. (Pro tip: Create a named contact for entities you expect to receive texts from periodically. That way, you’ll know they’re legit.)

Other rules proposed would affect short code numbers, texts to numbers on the Do Not Call Registry and texts from marketers who didn’t get permission directly but tried to piggyback on consent given to a partner. Our phone numbers could be getting provided by lead generators and data brokers, the FCC says.

The FCC also encourages phone companies are also encouraged to allow customers to make email-to-text messages opt-in. It’s optional now; it could be required in the future. This is important because “texts originating from email addresses, rather than telephone numbers, account for a significant percentage of fraudulent text messages,” the FCC says. “The email-to-text messages process allows the sender to be anonymous because the text is sent from an email account on a computer, not a phone number.”

Banks must do more to protect their customers

Consumers can be defrauded in all types of ways. Among the most damaging: When a person is duped into thinking a call or text is from their bank and must act immediately, or is tricked into believing they must provide a code to someone who wants to buy their car or who found their lost pet. Scammers use two-factor authentication codes to hack into accounts and steal money in mere seconds, often through person-to-person payment services such as Zelle and other “instant payments” that are difficult to get back.

We didn’t see the volume and size of fraud we see now, until instant payments were possible. Instant payments mean instant fraud, and the money stolen usually can’t be recovered.

Banks must do more to protect people, starting with three easy-to-understand policies:

  • Put guardrails on Zelle payment. Require Zelle to be an opt-in service with a 24- or 48-hour delay to be active. Banks can and do make Zelle opt-in for teenagers; they should do the same for all customers. Many bank customers whose accounts are raided because of Zelle have never used Zelle and didn’t even know their account could send a payment through Zelle. But Zelle can be used in a scam in mere seconds.
  • Limit money sent to first-time recipients. Zelle was founded just seven years ago, in 2017. What did we do before that? We didn’t send money instantly from our bank accounts to someone who could disappear in minutes. We survived just fine before instant payments. Other person-to-person payment services carry risks as well, but not like Zelle, because there’s a middleman or protection under credit card laws. P2P payments can be convenient, but there must be reasonable limits.What if payments to someone you’ve never sent money to before were limited to $100 and you couldn’t send more money for 48 hours? We bet fraud through Zelle would plunge. Most people who are scammed through Zelle realize it in a few minutes or hours.
  • Do more to recognize and question unusual withdrawals and transactions. If a customer has never done a wire transfer before, and suddenly there’s one requested online for $10,000, banks should confirm it with the customer with a phone call or by requiring an in-person branch visit.If a customer has never withdrawn more than $300 in cash at one time before, and suddenly they show up and want to withdraw $5,000 in cash, banks should ask some questions. Banks can’t prohibit customers from withdrawing money on deposit, but they also aren’t prohibited from gently asking questions that could reveal a scam. Scams are thwarted every week by bank employees who take the initiative to ask what’s behind a large withdrawal request.
Meaningful laws to deal with financial scams

In August, the Protecting Consumers from Payment Scams Act was introduced in Congress by Sens. Richard Blumenthal and Elizabeth Warren and Rep. Maxine Waters. The bill proposes updating the Electronic Fund Transfer Act (EFTA,) which protects consumer bank transactions such as ATM and ACH transactions, point-of-sale purchases and phone-authorized recurring payments, but not wire transfers or some electronic transfers.

In a stunning hearing in July, the Senate Permanent Subcommittee of Investigations (PSI) revealed that its investigation showed that banks reimbursed fewer than 40% of Zelle fraud victims in 2023. This is despite a new Zelle policy to make victims whole. The hearing included high-level executives from Zelle and three of the largest U.S. banks, JPMorgan Chase, Bank of America and Wells Fargo.

One of the big findings: The three banks reimbursed only 38% of fraud victims in 2023, down from 62% in 2019. That amounted to more than $100 million worth of transactions each year for 2021, 2022 and 2023.

The Protecting Consumers from Payment Scams Act would offer robust protections for transactions through Zelle and other person-to-person services.

More phone companies to be shut down

The FCC needs to crack down more on phone providers that flout the law. Congress passed a law that said companies must install robocall- fighting technology on the digital and internet parts of their networks or have another robocall mitigation plan on file. As of Oct. 1, 2024, only 66% of companies have completely or partially implemented anti-robocall strategies. The FCC has started blocking offenders from being allowed to transmit calls, but that’s amounted to fewer than 20 companies so far. The FCC and state regulators need to step up enforcement.

Details about who’s making illegal calls

The public and government officials need more information about the entities that are making and allowing illegal robocalls. The industry’s Traceback Group (ITG) tracks thousands of tracebacks each year to discover where illegal calls originate and who along the way allowed the calls on their lines. The information is kept mostly private and released on a limited basis to regulators.

Republican-sponsored bills have been introduced in Congress in recent years with multiple bi-partisan co-sponsors that would open up this information to the public by protecting the ITG and phone companies from liability if they share information about illegal calls. Neither the House bill nor Senate bill moved out of committee. These bills or something like them need to be adopted soon.

Help from our loved ones

All of the laws in the world don’t guarantee illegal practices will stop. People who like to defraud people, which is obviously illegal, often don’t care about breaking other laws. So we all need to remain vigilant and do whatever we can to help educate our friends and loved ones about the dangers of illegal robocalls and robotexts.

WHAT’S LEGAL AND WHAT’S NOT

Not all unwanted robocalls and robotexts are illegal, but most are. Unfortunately, there aren’t as many laws aimed at texts as calls.

Two types of calls are always illegal:

  • Telemarketing calls, even from a live person, if you’re on the Do Not Call list.
  • Calls aimed at deceiving or defrauding you.
Phone calls to your home phone are generally illegal if they’re:

Telemarketing calls — whether pre-recorded or artificial voice — without advanced written consent.

Phone calls to your cellphone are generally illegal if they’re:

Telemarketing calls — whether pre-recorded, autodialed or artificial voice — without advanced written consent.
OR
Non-telemarketing pre-recorded or autodialed calls without your verbal or written consent.

Robotexts to your cellphone are generally illegal if they’re:

Autodialed commercial texts without advanced written consent.
OR
Autodialed non-commercial texts without advanced verbal consent.

Note: You always retain the right to revoke consent that you gave to a company or organization at any time, whether it involves calls or texts.

What about political calls and texts?

One of the big asterisks to consumer protection law: political robocalls and robotexts. Here’s what to know about autodialed calls and texts:

  • Political robocalls to cellphones require consent in advance. 
  • Political robotexts require consent in advance. 
  • Texts sent manually, not relying on an autodialer, can be sent without consent in advance.
  • Political calls with pre-recorded messages require consent in advance.
  • Political robocalls to home landlines are permitted without advanced consent, but can’t exceed three calls in a 30-day period.
  • If political calls have been authorized but contain artificial or pre-recorded messages, the phone number of the caller must be stated, the person or entity making the call must be clearly identified at the beginning and the business name of any identity must be stated at the beginning. 
  • Even if consent has been granted, it can be revoked instantly, by asking someone not to call again or by replying “STOP” to a text.
  • Political calls and texts are exempt from compliance with the national Do Not Call list. But they must follow the other rules.
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Authors

Teresa Murray

Consumer Watchdog, U.S. PIRG Education Fund

Teresa directs the Consumer Watchdog office, which looks out for consumers’ health, safety and financial security. Previously, she worked as a journalist covering consumer issues and personal finance for two decades for Ohio’s largest daily newspaper. She received dozens of state and national journalism awards, including Best Columnist in Ohio, a National Headliner Award for coverage of the 2008-09 financial crisis, and a journalism public service award for exposing improper billing practices by Verizon that affected 15 million customers nationwide. Teresa and her husband live in Greater Cleveland and have two sons. She enjoys biking, house projects and music, and serves on her church missions team and stewardship board.