Theoretically, yes, they can. However, most TCPA and Consumer Protection attorneys “shy away” from legal action of this sort due to the complexity of such cases as well as the amount of time and resources that they require. Those are cases that may and likely will take years and thousands of hours spent by attorneys. Needless to say, the latter aren’t thrilled by such prospects…
I am in complete agreement with you that select few telcos truly don’t seem to give a damn about illicit behaviors in which their clients engage. I myself am usually completely ignored by Peerless/InfoBip, Onvoy/Sinch, Telnyx and few other shitty industry players. Mind you, I always send solid evidence substantiated by numerous facts in my complaints. Twilio, in my experience, has become really bad, too. That makes me believe that they don’t care about the law, as long as there is money to be made from their lovely foreign scamming “clients”.
The good news is that the legal environment has been evolving. Please look up some newer cases, such as Mey vs. All Access Telecom or Michael Anthony vs. Twilio. Should they prevail in the court of law, then ALL bets are off! Then, nasty rapacious VOIP scumbag telcos will no longer be protected and accountability will be finally introduced! I cannot wait for this day!
Ideally, it would be amazing if FCC and Congress were to simply eliminate “Common Carrier Provision” from current telecom laws. At the moment, unethical and non-compliant telcos are hiding behind this provision, and it is a strong defense tactic. It simply states that one cannot held telecom liable for illicit actions of their clients. Should it be removed, they could and likely would be held liable for complicity with illegal robocalls and such. Only that would change the dysfunctional mess of the US telecom industry. FTC and FCC have been going after some telcos, but it’s too little, too late. They need to let private citizens sue telecom monsters.
Twilio Sued in Class Action TCPA Lawsuit (natlawreview.com)
Federal Court Says Voice Service Providers “Mey” Face TCPA Liability for Facilitating Spoofed Robocalls, Denies Motion to Dismiss | Broadband Advisor | Davis Wright Tremaine (dwt.com)
Complaint Template.DOC (COMPLA~1.DOC;1) (tcpaworld.com)
Let me loop in some other great folks here into the conversation to see if they would like to share their opinions or feedback. They’ve been dealing with the same BS, as well.
@Jhawk @MajorLeeAwesome @OfclyGoodenough @barryspar @Tillianne @LordOfTheRings and any other great people - you are more than welcome to share your opinions and experiences in that regard