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How TCPA STIR SHAKEN Regulations Fight Illegal Robocalls

The TCPA STIR SHAKEN framework represents a major effort to combat the flood of illegal and spoofed robocalls consumers face daily. While the name sounds complex, the concept is straightforward: it is a technology standard designed to verify that the caller ID information you see on your screen is legitimate. However, this technology is not a perfect shield. When illegal calls and texts still get through, the Telephone Consumer Protection Act (TCPA) provides you with powerful legal rights. Under the TCPA, you could be entitled to compensation of $500 for each illegal call or text you receive. If the sender knowingly and willfully violated the law, that amount can triple to $1,500 per violation. STIR/SHAKEN is the technical defense, while the TCPA is your legal offense.

What Are STIR/SHAKEN and the TCPA?

It is essential to understand that STIR/SHAKEN and the Telephone Consumer Protection Act (TCPA) are two separate but related tools in the fight against unwanted communications. The TCPA is a federal law, enacted in 1991, that restricts telemarketing calls, autodialed calls, prerecorded messages, and unsolicited text messages. It is a consumer rights statute that gives individuals a private right of action, meaning you can sue violators for statutory damages. The law is focused on the concept of consent, making it illegal for companies to contact you on your cell phone using an autodialer without your prior express written consent.

STIR/SHAKEN, on the other hand, is not a law that gives consumers a direct right to sue. It is a technology framework mandated by the Federal Communications Commission (FCC) to combat malicious caller ID spoofing. Scammers frequently spoof numbers to trick you into answering, making their calls appear to come from a local number or a trusted entity like a bank or government agency. The STIR/SHAKEN protocols create a system for phone networks to digitally validate that the caller ID information being transmitted with a call is accurate.

Think of it this way: STIR/SHAKEN is like a digital bouncer checking IDs at the door of the telephone network. The TCPA is the law that allows you to hold the party crashing guest accountable for breaking the rules inside. While the bouncer helps stop imposters, some still get through. When they do, the TCPA gives you the power to seek financial compensation for the intrusion. More importantly, even a verified call can be illegal under the TCPA if you never gave the caller permission to contact you with an automated system.

How Does Caller ID Authentication Work?

The STIR/SHAKEN framework operates through a sophisticated process of digital verification, but the core idea is simple to grasp. STIR stands for Secure Telephone Identity Revisited, and SHAKEN stands for Signature-based Handling of Asserted information using toKENs. Together, they create a chain of trust for every call that travels across the interconnected phone network. This process of caller ID authentication is designed to significantly reduce the effectiveness of illegal spoofing, which is a favorite tactic of robocallers.

When a call is initiated, the caller's phone company attaches a digital certificate to the call data, essentially signing it. This signature attests to the carrier's relationship with the caller and the phone number. There are three levels of this attestation. A-level attestation is the highest, meaning the provider knows the customer and knows they are authorized to use that number. B-level means the provider knows the customer but not their authorization to use the number. C-level, the lowest, means the carrier cannot verify the call's origin at all.

As the call travels to your phone, the receiving carrier's network checks this digital signature. Using the SHAKEN protocol, your provider verifies the signature against a trusted public key. If the signature is valid and comes from a trusted source, your phone will display the call as verified. If the signature is missing, invalid, or indicates a low level of C-level attestation, your provider might flag the call with a warning like "Scam Likely" or block it outright. This system makes it much harder for scammers to impersonate legitimate numbers and helps restore trust in caller ID.

The FCC's Role in Robocall Mitigation

The Federal Communications Commission (FCC) plays the central regulatory role in mandating and overseeing the implementation of STIR/SHAKEN. Spurred by overwhelming consumer complaints and congressional action, the FCC has taken aggressive steps to force the telecommunications industry to adopt stronger robocall mitigation practices. The TRACED Act, passed by Congress in 2019, gave the FCC the explicit authority to require voice service providers to implement the FCC STIR SHAKEN framework in the IP portions of their networks.

Under FCC rules, all voice service providers are required to either fully implement STIR/SHAKEN or, if they use older network technology that doesn't support it, they must participate in the Robocall Mitigation Database. In this database, providers must publicly file detailed plans explaining the specific steps they are taking to detect, prevent, and stop illegal robocalls from originating on their networks. Failure to comply can result in significant penalties and lead to other carriers being required to block their traffic, effectively cutting them off from the U.S. telephone network.

This article is for informational purposes only and does not create an attorney-client relationship. The FCC's enforcement actions are aimed at the carriers and providers, not the individual consumer. The goal is to clean up the network from the top down. While these measures reduce the overall volume of scam calls, they do not provide direct monetary relief to consumers who are harassed. That is where the TCPA comes in, providing the legal tool for individuals to seek compensation from the companies that actually place the illegal calls, regardless of the technology used.

Does a STIR/SHAKEN Failure Mean a TCPA Violation?

This is a critical point of distinction for consumers. A call that is flagged as "Scam Likely" or that shows up with a failed verification under STIR/SHAKEN does not automatically constitute a TCPA violation in and of itself. Conversely, a call that comes through as "verified" is not automatically legal. The STIR/SHAKEN framework and the TCPA operate on different principles. The former is about the authenticity of a phone number, while the latter is about the legality of the contact itself, which is based on consent.

A TCPA violation occurs when a company sends you an autodialed or prerecorded marketing call or text to your cell phone without your prior express written consent. It can also occur if you are on the National Do Not Call Registry and receive a telemarketing call. The legality of the call depends on your relationship with the caller and the permissions you have or have not given them. A perfectly legal appointment reminder from your doctor's office, sent with your consent, might fail STIR/SHAKEN verification due to a network error, but it is not a TCPA violation.

However, evidence from the STIR/SHAKEN system can be incredibly useful in a TCPA case. For example, if a company is consistently making calls using spoofed numbers that fail verification, it can serve as powerful evidence that their actions are knowing and willful. Proving a willful TCPA violation is key to unlocking higher damages, potentially increasing your recovery from $500 to $1,500 per call or text. Therefore, while a failed verification is not a violation on its own, it strengthens your case against the entity making the illegal calls. Filing a claim is one of the best ways to hold these bad actors accountable, and you can see how much others have recovered by viewing the TCPA Settlement Tracker.

Real Examples of Violations

Illegal texts and calls often share common traits. They might come from an unfamiliar 10-digit number, a short code you don't recognize, or contain suspicious links. Here are a few examples of messages that could be TCPA violations if sent without your consent.

Hi this is Mark from ABC Solar. We have a special state-approved program for homeowners in your area to eliminate electric bills. Rates are rising! See if you qualify before it's too late: [suspicious link]

This message is a classic telemarketing text. If you never gave ABC Solar prior express written consent to text you, this message would likely violate the TCPA. The sense of urgency and mention of a "state-approved program" are common tactics used to pressure consumers into engaging.

FINAL NOTICE: Your account with XYZ Lending is flagged for immediate settlement. We are authorized to offer a 60% reduction on your outstanding balance if you act now. Call us at 555-123-4567 to resolve this matter.

Scare tactics are another hallmark of illegal communications. This message attempts to create panic about a supposed debt. If you have no relationship with XYZ Lending, this unconsented contact would be a clear violation. Even if you did have a debt, the use of an autodialer to contact your cell phone without permission could still be illegal.

Amazon: Your recent order #845-129481 could not be delivered due to an incorrect address. Please confirm your details here to reschedule: [malicious link] Reply STOP to cancel

This is a common phishing scam, but it is also a potential TCPA violation. The sender is using an automated system to text you without your consent. The fact that it includes a "Reply STOP" notice does not make the initial text legal. If you did not give them permission to text you in the first place, you may have a claim.

How to Document Evidence of Illegal Calls and Texts

If you believe you are receiving illegal robocalls or spam texts, proper documentation is the most important step you can take to preserve your right to compensation. Strong evidence is the foundation of any successful TCPA claim. Do not just delete the messages or ignore the calls. Instead, take a few moments to gather the key information a lawyer would need to evaluate your case.

Follow these steps to document potential violations:

Check Your Phone Right Now

Many illegal texts hide in plain sight. Companies that send spam often include instructions on how to opt out, but that does not make their initial message legal. Take a moment to check your own phone for potential evidence.

Open your messages and search the word STOP.

This simple search can uncover every marketing text message you have ever tried to unsubscribe from. If a company sent you a marketing text using an autodialer without your prior express written consent, that first message was likely a violation of the TCPA. The presence of "Reply STOP to unsubscribe" is often an admission that they are using an automated system. Each of these messages could be worth $500, or even $1,500, in compensation. Collect screenshots and submit them to see if you have a claim.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

What is the difference between STIR/SHAKEN and the TCPA?

STIR/SHAKEN is a technology framework for caller ID authentication, while the TCPA is a consumer protection law. Think of STIR/SHAKEN as a technical solution designed to help carriers identify and block spoofed calls by verifying the caller's number. It's about restoring trust in caller ID. The TCPA, however, is a legal statute that provides consumers with a private right of action to sue for illegal calls and texts. A TCPA violation is determined by whether the caller had your consent to contact you using an automated system, not whether their number was verified. So, STIR/SHAKEN attacks the problem from a network level, whereas the TCPA empowers you to seek financial damages from the illegal callers themselves.

Can I sue for "Scam Likely" calls?

You cannot sue a company simply because your phone carrier labels their call as "Scam Likely." That label is a result of the STIR/SHAKEN framework and your carrier's own analytics, not a legal determination of a TCPA violation. However, the underlying call itself may very well be illegal. If the "Scam Likely" call was from a telemarketer using an autodialer or a prerecorded voice to contact your cell phone, and you never gave them prior express written consent, you likely have a valid TCPA claim. The "Scam Likely" flag can serve as corroborating evidence that the call was unwanted and unsolicited, strengthening your case for willful violations, which carry higher penalties.

Does STIR/SHAKEN apply to text messages?

Currently, the STIR/SHAKEN framework primarily applies to voice calls made over IP networks. While there is broad industry and regulatory agreement that a similar solution is needed for SMS and MMS text messages, a universal standard has not yet been fully implemented. Scammers know this and have increasingly shifted to text-based attacks. However, this does not leave you unprotected. The TCPA applies equally to both robocalls and automated text messages. If you receive a marketing text on your cell phone from an automated system without your prior consent, it is a direct violation of the TCPA, regardless of whether a caller ID authentication system is in place for texts. Your rights under the TCPA are a powerful tool against spam texts, and checking if you are on the TCPA DNC List Lookup: Your Guide to Violations & Compensation can further clarify your rights.

How much does it cost to file a TCPA claim?

For most consumers, there are no upfront costs to file a TCPA claim. Consumer protection law firms and platforms like SpamClaims.com typically operate on a contingency fee basis. This means they only get paid if they win your case, taking a percentage of the settlement or award as their fee. You do not pay any hourly rates or out-of-pocket expenses for their legal services. This model allows anyone to seek justice and hold illegal spammers accountable, regardless of their financial situation. The goal is to make a high-quality legal review accessible to everyone who has been harassed by unwanted calls and texts, ensuring that large corporations cannot simply violate the law with impunity.

TLDR

Submit your spam screenshots for attorney review

This article is for informational purposes only and does not create an attorney-client relationship.