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S. 1826: DO NOT Call Act

The text of the bill below is as of Jun 13, 2019 (Introduced).


II

116th CONGRESS

1st Session

S. 1826

IN THE SENATE OF THE UNITED STATES

June 13, 2019

(for herself, Mr. Schumer, Ms. Hassan, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To modify the penalties for violations of the Telephone Consumer Protection Act of 1993.

1.

Short title

This Act may be cited as the Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2019 or the DO NOT Call Act.

2.

Penalties for violations of the Telephone Consumer Protection Act of 1993

(a)

Criminal penalties

(1)

In general

Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended by adding at the end the following:

(i)

Criminal penalties

(1)

In general

Except as provided in paragraph (2), any person who willfully and knowingly violates this section shall be imprisoned for not more than 1 year, fined under title 18, United States Code, or both.

(2)

Aggravated offense

Any person who willfully and knowingly violates this section shall be imprisoned for not more than 3 years, fined under title 18, United States Code, or both if—

(A)

the person has previously been convicted under this subsection;

(B)

the offense involved initiating more than—

(i)

100,000 calls in a 24-hour period;

(ii)

1,000,000 calls in a 30-day period; or

(iii)

10,000,000 calls in a 1-year period;

(C)

the person committed the offense with the intent to use the calls in furtherance of a felony or conspiracy to commit a felony; or

(D)

the offense caused loss to 1 or more persons aggregating $5,000 or more in value during any 1-year period.

(3)

Definitions

For purposes of this subsection—

(A)

the term call includes a message or other communication; and

(B)

the term initiate, with respect to a call, includes the act of sending, making, or transmitting a call, message, or other communication, as applicable.

.

(2)

Technical and conforming amendment

Section 227(e)(5)(B) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)(B)) is amended, in the second sentence, by striking section 501 and inserting subsection (i).

(b)

Increased penalties for provision of inaccurate caller identification information

Section 227(e)(5) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)) is amended—

(1)

in subparagraph (A)(i), by striking $10,000 and inserting $20,000; and

(2)

in subparagraph (B), in the first sentence, by striking $10,000 and inserting $20,000.