Don’t Leave Your Robocall Obligations Behind in 2026!

As the new year begins, it’s important to keep robocall requirements in mind. 2026 brings with it an invigorated desire to curb illegal robocalls.  The Federal Communications Commission (FCC) started the year with back-to back actions, and it’s likely that the focus on robocalls will continue through the months ahead.

The Federal Government

On January 6, 2026, the FCC published in the Federal Register a summary of a Report and Order which established new rules and requirements for the Robocall Mitigation Database, where all providers of voice services in the U.S. must register and outline the steps they take to avoid carrying unlawful robocall traffic on their networks.  The FCC requires providers to recertify their Robocall Mitigation Database filings by March 1 annually, as well as update information on an ongoing basis within ten business days of changes. Not only must providers submit changes quickly, providers also must ensure that all information submitted to the RMD is accurate, as the FCC has established a base forfeiture of $10,000 for each violation for filers that submit false or inaccurate information to the Database and $1,000 for each failure to update. The Order also enables state and local regulators and attorneys general, consumers, public interest groups, providers and others to request investigation of violations through a to be established “dedicated reporting mechanism.”  The Report and Order takes effect on February 5, 2026, but several of the underlying rules, including the annual certification requirement, require further approval before they take effect.  

On the same day, the FCC’s Consumer and Governmental Affairs Bureau (Bureau) issued an Order to extend a limited waiver of the new consent revocation rule adopted pursuant to the Telephone Consumer Protection Act (TCPA).  Adopted in 2024, the rule allows consumers to revoke consent for calls and texts “using any reasonable method” to express a desire not to receive further calls or text messages from the caller or sender.  The rule is controversial because it would apply to revocation requests for both marketing and informational calls and texts.  Last April, the Bureau issued a one-year wavier of the “revoke all” requirement on the basis that businesses would need more time to come into compliance.  In October, the FCC announced that it is considering modifying or eliminating the consent revocation rule in response to concerns that it unduly restricts consumers’ ability to receive wanted calls and texts.  This latest order extends the waiver of the “revoke all” mandate until January 31, 2027.  

Additionally, the FCC’s Wireline Competition Bureau’s Third Report and Order and Third Further Notice of Proposed Rulemaking is currently seeking comment on three proposals to further help mitigate illegal robocalls from VoIP providers and foreign entities. This is likely the first of multiple robocall-targeted proceeds we will see this year.

The Federal Trade Commission (FTC) is  also focused on robocalling. The agency released a report detailing that the Do Not Call Registry and consumer complaints are up year over year, with about 4.8 million new numbers added to the “do not call” list and complaints filed by consumers up by 40,000 complaints per month from 2024 averages to around 113,000 per month in 2025. The FTC has also continued its serious enforcement of Do Not Call and other robocall violations, having bought 151 enforcements actions to date resulting in 147 resolutions recovering over $178 million in civil penalties and $112 million in restitution or disgorgement.

The States

The states are continuing to fight robocalls and robotexts through the Anti-Robocall Litigation Task Force, comprised of 51 state attorneys general in collaboration with the FCC, which has begun “Operation Robocall Roundup” to help ensure that providers are compliant with their robocall mitigation obligations. As such, dozens of voice service providers and 99 downstream providers have received warning letters regarding their failure to comply with their robocall mitigation duties.  Thirteen of such companies were removed from the Robocall Mitigation Database, thus preventing traffic on their networks.  And the Task Force is not only going after the small and regional carriers—it is also targeting the big offenders like Lumen Technologies, Peerless Network, Bandwidth, and Inteliquent, who received Operation Robocall Roundup letters on December 3 requiring them to explain how they plan to address the Task Force’s concerns. The Task Force is expected to take further steps to combat robocalls.

Several states are also enacting or revisiting their own robocall laws.  In Texas Supreme Court has confirmed that its “mini-TCPA” can properly expand private rights of action, likely increasing robocall-related litigation across the state.  And effective January 1, Virginia enacted a new law restricting telemarketers from contacting consumers.

What this means for you

Robocall and robotext frequency is increasing and expected to get more advanced throughout this year. Recognizing this trend, lawmakers are cracking down.  It is important now more than ever to make sure you are complying with your robocall obligations.

Don’t forget your obligations! 

All voice service providers are required to play an active role in preventing illegal robocalls and robotexts on their networks. This includes:

• Developing a Robocall Mitigation Program
• Implementing of the STIR/SHAKEN caller ID authentication framework
• Maintaining a DNO list and blocking illegal, suspicious, or illegitimate traffic
• Planning for traceback requests and investigations into suspicious or illegal call patterns
• Maintaining full compliance with Robocall Mitigation Database filings
  • Be sure to register and certify compliance
  • Submit an up-to-date and detailed mitigation plans
  • Ensure that RMD contact information is current
  • Disclose enforcement history

It is important to recognize that there is no one-size-fits-all approach to ensuring compliance with robocall obligations.  As such, you must ensure that you have a tailored robocall mitigation plan for preventing and responding to unwanted robocalls and robotexts.

Womble can help

Womble Bond Dickinson provides a paid subscription service for Informational Memos, similar to our client alerts but more frequent and more in-depth, for telecommunications companies.  This includes updates on robocall obligations and much more. Please reach out to Womble’s Jill Canfield at [email protected] to learn more about subscribing to this useful service.

The Womble Bond Dickinson Communications, Technology and Media Team in Washington, D.C., is closely monitoring the latest robocall and robotext developments. Please feel free to reach out to any of us to discuss any questions or specific areas of concern.

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