"Your Google Listing Is at Risk": FCC Cites D&D Global for Millions of Unidentified Robocalls

The bottom line: every prerecorded call must clearly identify who is calling and provide a callback number, whether it goes to a cell phone or a landline.

What happened

According to the citation, D&D's prerecorded messages warned recipients that their business listing might be at risk of not being seen on Google and other online directories. The outgoing message urged recipients to press one to check the status of the listing. A second message played after they pressed one and stressed the importance of fixing the listing.

The FCC obtained copies of the recorded messages from the platform provider D&D used. Its findings include:

• FCC staff reviewed and transcribed messages used to make more than 2.5 million calls to wireless phones. Neither the caller's name nor its phone number appeared in the messages.
• Almost 228,000 of the wireless numbers called were on the National Do Not Call Registry at the time, and D&D made more than 1.4 million robocalls to those numbers.
• Most of those 228,000 numbers received more than one call. One number received more than 1,200 calls.

Read the FCC Citation and Order against D&D Global.

The law

The citation identifies three violations:

1. Identification. Under section 227(d)(3)(A) of the Communications Act and 47 C.F.R. § 64.1200(b), a prerecorded message must state the identity of the caller at the beginning and a phone number or address during or after the message. The FCC notes these rules apply to "all" prerecorded messages, wireless and wireline.
2. Wireless calls. Prerecorded calls to cell phones require prior express consent unless made for an emergency purpose.
3. Do Not Call. Telephone solicitations to numbers on the Registry are prohibited, with limited exceptions.

Why a citation, not a fine

Under section 503(b)(5) of the Communications Act, the FCC generally may not fine a party that does not hold an FCC license until it issues a citation, gives the party a chance to respond, and the party then repeats the conduct. A citation is the first step. If D&D repeated the conduct, it could face significant fines.

Why it matters

Small business owners are frequent targets of "listing" and "verification" robocalls. The FCC's position is clear: calls to business numbers are still subject to the identification rules, and calls to cell phones still require consent.

What this means for you

1. Identify your business at the start of every prerecorded message.
2. Provide a callback number that is not the dialer's number.
3. Scrub wireless numbers against the Do Not Call Registry, even for business-to-business campaigns.