|
Overview
The Federal Communications Commission (FCC) has received
informal complaints that people without disabilities, who are posing as deaf
or hard of hearing consumers, are misusing an Internet based
telecommunications relay service (TRS) called Internet Protocol (IP) Relay to
perpetrate fraudulent business transactions, often by using stolen or fake
credit cards. This practice has caused concern among businesses and legitimate
users of IP Relay who are deaf or hard of hearing or who have a speech
disability. Merchants that accept orders made by telephone for goods or
services should take steps to ensure that, for any order placed by
phone, the payment method or credit card is valid and the purchaser is
authorized to use the particular credit card. The FCC is taking steps to
prevent the misuse of IP Relay, and alerts businesses to actions they can take
to protect themselves from misuse while still enjoying the benefits of
conducting business by phone with millions of Americans who are deaf or hard
of hearing or have a speech disability.
Background
The Americans with Disabilities Act of 1990 (ADA)
requires that TRS be made available nationwide so that people who are deaf or
hard of hearing or who have a speech disability can use the telephone network
to call voice telephone users. TRS facilities are staffed by specially trained
communications assistants (CAs) who relay calls between a person using a text
telephone (TTY) or other device, and a person who uses a telephone. For
example, during the call, the CA voices what the person using a TTY or other
device types, and types what the telephone user says. Many TRS users now use a
computer or similar device and the Internet to communicate with an IP Relay
CA, who continues to serve as the link to the telephone user. Advancements in
technology are enabling other forms of TRS as well, such as connecting through
video conferencing equipment with a CA who is a sign language interpreter. For
more information about TRS in general, see our consumer fact sheet at
http://www.fcc.gov/cgb/consumerfacts/trs.html. For more information about
IP Relay, see our consumer fact sheet at
http://www.fcc.gov/cgb/consumerfacts/iprelay.html.
The ADA and FCC regulations governing the provision of
TRS require that calls made using TRS be “functionally equivalent” to
telephone calls. Reaching a CA and instructing the CA to make a TRS call is,
in effect, the same as receiving a dial tone. CAs are generally intended to be
transparent in handling TRS calls and are required to keep all TRS calls
confidential. For these reasons, FCC regulations require that CAs relay all
calls verbatim and generally prohibit CAs from intervening in any
conversation.
Anyone can use TRS. Using TRS, people who are deaf or
hard of hearing or who have a speech disability can communicate with telephone
users and vice versa. Unfortunately, people without disabilities who
are posing as deaf or hard of hearing consumers are misusing IP Relay to
perpetrate fraud. Although the ADA prohibits businesses from rejecting calls
made using TRS, businesses can take the steps outlined below to protect
themselves against fraud.
What You Can Do
The FCC urges merchants to use caution in handling
telephone orders for goods or services. Merchants that accept orders made by
telephone for goods or services should take steps to ensure that, for any
order placed by phone, the payment method or credit card is valid and the
purchaser is authorized to use the particular credit card. In addition, there
are some indicia of fraudulent telephone orders or business transactions that
merchants can use to help determine if an order placed by telephone is
legitimate. These indicia include a caller who:
-
is happy to order “whatever you have in stock;”
-
supplies multiple credit cards as one or more are
declined;
-
cannot provide the credit card verification code number
(the three digit number on the back of the card);
-
wants the goods shipped through a third party and/or to
an overseas location;
-
will not identify himself or give a company name;
-
changes delivery or payment method after the order has
been approved.
If you have been a victim of fraud or attempted fraud,
you can report it directly to the Federal Trade Commission (FTC) at
www.ftc.gov or
1-888-FTC-HELP (1-877-382-4357). You can also report such activities to state
law enforcement agencies. Further, you can file complaints and information
regarding Internet crimes with the Federal Bureau of Investigation (FBI) at
www.ic3.gov.
What We Are Doing
The FCC is working with the Department of Justice, the
FBI, and the FTC to prevent fraudulent business transactions made by phone or
over the internet. In addition, the FCC has issued Public Notices to warn
businesses of the potential for fraudulent business transactions being
perpetrated through IP Relay. The FCC is also working with consumer groups and
IP Relay providers to prevent misuse. Finally, the FCC has issued a Further
Notice of Proposed Rulemaking seeking comment on other steps it might take to
prevent misuse of IP Relay.
Don't Hang Up!
We remind businesses that, if they accept calls, receive
orders, or do business by phone with the public, the ADA requires them to
accept calls, receive orders, and do business by phone with members of the
public who are deaf or hard of hearing or who have a speech disability and use
TRS. By working together, the FCC, law enforcement, informed businesses, and
TRS providers can combat fraud and ensure that people who are deaf or hard of
hearing or who have a speech disability have equal access to the products and
services any business has to offer.
For more information about the applicability and
requirements of the ADA, see the United States Department of Justice ADA Web
site at
www.ada.gov or call the ADA Information Line at 1-800-514-0301 (voice) or
1-800-514-0383 (TTY).
 |
Federal Communications Commission · Consumer
& Governmental Affairs Bureau · 445 12th St. S.W. ·
Washington, DC 20554 |
|
1-888-CALL-FCC (1-888-225-5322) ·
TTY: 1-888-TELL-FCC (1-888-835-5322) · Fax: 1-866-418-0232 · www.fcc.gov/cgb/
|
|
Federal Communications Commission
