Stopping Bad Robocalls Act

II 116TH CONGRESS 1ST SESSION H. R. 3375 IN THE SENATE OF THE UNITED STATES JULY 25, 2019 Received AN ACT To amend the Communications Act of 1934 to clarify the prohibitions on making robocalls, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 2 HR 3375 RDS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Stopping Bad 2 Robocalls Act’’. 3 SEC. 2. CONSUMER PROTECTION REGULATIONS RELATING 4 TO MAKING ROBOCALLS. 5 Not later than 6 months after the date of the enact- 6 ment of this Act, and as appropriate thereafter to ensure 7 that the consumer protection and privacy purposes of sec- 8 tion 227 of the Communications Act of 1934 (47 U.S.C. 9 227) remain effective, the Commission shall prescribe such 10 regulations, or amend such existing regulations, regarding 11 calls made or text messages sent using automatic tele- 12 phone dialing systems and calls made using an artificial 13 or prerecorded voice as will, in the judgment of the Com- 14 mission, clarify descriptions of automatic telephone dialing 15 systems and ensure that— 16 (1) the consumer protection and privacy pur- 17 poses of such section are effectuated; 18 (2) calls made and text messages sent using 19 automatic telephone dialing systems and calls made 20 using an artificial or prerecorded voice are made or 21 sent (as the case may be) with consent, unless con- 22 sent is not required under or the call or text mes- 23 sage is exempted by paragraph (1), (2)(B), or (2)(C) 24 of subsection (b) of such section; 25 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 3 HR 3375 RDS (3) consumers can withdraw consent for such 1 calls and text messages; 2 (4) circumvention or evasion of such section is 3 prevented; 4 (5) callers maintain records to demonstrate that 5 such callers have obtained consent, unless consent is 6 not required under or the call or text message is ex- 7 empted by paragraph (1), (2)(B), or (2)(C) of sub- 8 section (b) of such section, for such calls and text 9 messages, for a period of time that will permit the 10 Commission to effectuate the consumer protection 11 and privacy purposes of such section; and 12 (6) compliance with such section is facilitated. 13 SEC. 3. CONSUMER PROTECTIONS FOR EXEMPTIONS. 14 (a) IN GENERAL.—Section 227(b)(2) of the Commu- 15 nications Act of 1934 (47 U.S.C. 227(b)(2)) is amended— 16 (1) in subparagraph (G)(ii), by striking ‘‘; and’’ 17 and inserting a semicolon; 18 (2) in subparagraph (H), by striking the period 19 at the end and inserting ‘‘; and’’; and 20 (3) by adding at the end the following: 21 ‘‘(I) shall ensure that any exemption under 22 subparagraph (B) or (C) contains requirements 23 for calls made in reliance on the exemption with 24 respect to— 25 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 4 HR 3375 RDS ‘‘(i) the classes of parties that may 1 make such calls; 2 ‘‘(ii) the classes of parties that may be 3 called; and 4 ‘‘(iii) the number of such calls that a 5 calling party may make to a particular 6 called party.’’. 7 (b) DEADLINE FOR REGULATIONS.—In the case of 8 any exemption issued under subparagraph (B) or (C) of 9 section 227(b)(2) of the Communications Act of 1934 (47 10 U.S.C. 227(b)(2)) before the date of the enactment of this 11 Act, the Commission, shall, not later than 1 year after 12 such date of enactment, prescribe such regulations, or 13 amend such existing regulations, as necessary to ensure 14 that such exemption contains each requirement described 15 in subparagraph (I) of such section, as added by sub- 16 section (a). To the extent such an exemption contains such 17 a requirement before such date of enactment, nothing in 18 this section or the amendments made by this section shall 19 be construed to require the Commission to prescribe or 20 amend regulations relating to such requirement. 21 SEC. 4. REPORT ON REASSIGNED NUMBER DATABASE. 22 (a) REPORT TO CONGRESS.— 23 (1) IN GENERAL.—Not later than 1 year after 24 the date of the enactment of this Act, the Commis- 25 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 5 HR 3375 RDS sion shall submit to Congress, and make publicly 1 available on the website of the Commission, a report 2 on the status of the efforts of the Commission pur- 3 suant to the Second Report and Order in the matter 4 of Advanced Methods to Target and Eliminate Un- 5 lawful Robocalls (CG Docket No. 17–59; FCC 18– 6 177; adopted on December 12, 2018). 7 (2) CONTENTS.—The report required by para- 8 graph (1) shall describe the efforts of the Commis- 9 sion, as described in such Second Report and Order, 10 to ensure— 11 (A) the establishment of a database of tele- 12 phone numbers that have been disconnected, in 13 order to provide a person making calls subject 14 to section 227(b) of the Communications Act of 15 1934 (47 U.S.C. 227(b)) with comprehensive 16 and timely information to enable such person to 17 avoid making calls without the prior express 18 consent of the called party because the number 19 called has been reassigned; 20 (B) that a person who wishes to use any 21 safe harbor provided pursuant to such Second 22 Report and Order with respect to making calls 23 must demonstrate that, before making the call, 24 the person appropriately checked the most re- 25 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 6 HR 3375 RDS cent update of the database and the database 1 reported that the number had not been discon- 2 nected; and 3 (C) that if the person makes the dem- 4 onstration described in subparagraph (B), the 5 person will be shielded from liability under sec- 6 tion 227(b) of the Communications Act of 1934 7 (47 U.S.C. 227(b)) should the database return 8 an inaccurate result. 9 (b) CLARIFICATION OF DEFINITION OF CALLED 10 PARTY.— 11 (1) IN GENERAL.—Section 227(a) of the Com- 12 munications Act of 1934 (47 U.S.C. 227(a)) is 13 amended by adding at the end the following: 14 ‘‘(6) The term ‘called party’ means, with re- 15 spect to a call, the current subscriber or customary 16 user of the telephone number to which the call is 17 made, determined at the time when the call is 18 made.’’. 19 (2) CONFORMING AMENDMENTS.—Section 20 227(d)(3)(B) of the Communications Act of 1934 21 (47 U.S.C. 227(d)(3)(B)) is amended— 22 (A) by striking ‘‘called party’s line’’ each 23 place it appears and inserting ‘‘telephone line 24 called’’; and 25 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 7 HR 3375 RDS (B) by striking ‘‘called party has hung up’’ 1 and inserting ‘‘answering party has hung up’’. 2 (3) EFFECTIVE DATE.—The amendments made 3 by this subsection shall apply beginning on the date 4 on which the database described in the Second Re- 5 port and Order in the matter of Advanced Methods 6 to Target and Eliminate Unlawful Robocalls (CG 7 Docket No. 17–59; FCC 18–177; adopted on De- 8 cember 12, 2018) becomes fully operational, such 9 that a person may check the database to determine 10 the last date of permanent disconnection associated 11 with a phone number. Nothing in the amendments 12 made by this subsection shall affect the construction 13 of the law as it applies before the effective date. 14 SEC. 5. ENFORCEMENT. 15 (a) NO CITATION REQUIRED TO SEEK FORFEITURE 16 PENALTY.— 17 (1) FOR ROBOCALL VIOLATIONS.—Section 18 227(b) of the Communications Act of 1934 (47 19 U.S.C. 227(b)) is amended by adding at the end the 20 following: 21 ‘‘(4) NO CITATION REQUIRED TO SEEK FOR- 22 FEITURE PENALTY.—Paragraph (5) of section 23 503(b) shall not apply in the case of a violation 24 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 8 HR 3375 RDS made with the intent to cause such violation of this 1 subsection.’’. 2 (2) FOR CALLER IDENTIFICATION INFORMA- 3 TION VIOLATIONS.—Section 227(e)(5)(A)(iii) of the 4 Communications Act of 1934 (47 U.S.C. 5 227(e)(5)(A)(iii)) is amended by adding at the end 6 the following: ‘‘Paragraph (5) of section 503(b) shall 7 not apply in the case of a violation of this sub- 8 section.’’. 9 (b) FOUR-YEAR STATUTE OF LIMITATIONS.— 10 (1) FOR ROBOCALL VIOLATIONS.—Section 11 227(b) of the Communications Act of 1934 (47 12 U.S.C. 227(b)), as amended by subsection (a), is 13 further amended by adding at the end the following: 14 ‘‘(5) FOUR-YEAR STATUTE OF LIMITATIONS.— 15 Notwithstanding paragraph (6) of section 503(b), no 16 forfeiture penalty for violation of this subsection 17 shall be determined or imposed against any person 18 if the violation charged occurred more than— 19 ‘‘(A) 3 years prior to the date of issuance 20 of the notice required by paragraph (3) of such 21 section or the notice of apparent liability re- 22 quired by paragraph (4) of such section (as the 23 case may be); or 24 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 9 HR 3375 RDS ‘‘(B) if the violation was made with the in- 1 tent to cause such violation, 4 years prior to the 2 date of issuance of the notice required by para- 3 graph (3) of such section or the notice of ap- 4 parent liability required by paragraph (4) of 5 such section (as the case may be).’’. 6 (2) FOR CALLER IDENTIFICATION INFORMA- 7 TION VIOLATIONS.—Section 227(e)(5)(A)(iv) of the 8 Communications Act of 1934 (47 U.S.C. 9 227(e)(5)(A)(iv)) is amended— 10 (A) in the heading, by striking ‘‘2-YEAR’’ 11 and inserting ‘‘4-YEAR’’; and 12 (B) by striking ‘‘2 years’’ and inserting ‘‘4 13 years’’. 14 (c) INCREASED PENALTY FOR ROBOCALL VIOLA- 15 TIONS WITH INTENT.—Section 227(b) of the Communica- 16 tions Act of 1934 (47 U.S.C. 227(b)), as amended by sub- 17 sections (a) and (b), is further amended by adding at the 18 end the following: 19 ‘‘(6) INCREASED PENALTY FOR VIOLATIONS 20 WITH INTENT.—In the case of a forfeiture penalty 21 for violation of this subsection that is determined or 22 imposed under section 503(b), if such violation was 23 made with the intent to cause such violation, the 24 amount of such penalty shall be equal to an amount 25 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 10 HR 3375 RDS determined in accordance with subparagraphs (A) 1 through (F) of section 503(b)(2) plus an additional 2 penalty not to exceed $10,000.’’. 3 SEC. 6. ANNUAL REPORT TO CONGRESS. 4 Section 227 of the Communications Act of 1934 (47 5 U.S.C. 227) is amended by adding at the end the fol- 6 lowing: 7 ‘‘(i) ANNUAL REPORT TO CONGRESS ON ROBOCALLS 8 AND TRANSMISSION OF MISLEADING OR INACCURATE 9 CALLER IDENTIFICATION INFORMATION.— 10 ‘‘(1) REPORT REQUIRED.—Not later than 1 11 year after the date of the enactment of this sub- 12 section, and annually thereafter, the Commission, 13 after consultation with the Federal Trade Commis- 14 sion, shall submit to Congress a report regarding en- 15 forcement by the Commission of subsections (b), (c), 16 (d), and (e) during the preceding calendar year. 17 ‘‘(2) MATTERS FOR INCLUSION.—Each report 18 required by paragraph (1) shall include the fol- 19 lowing: 20 ‘‘(A) The number of complaints received by 21 the Commission during each of the preceding 5 22 calendar years, for each of the following cat- 23 egories: 24 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 11 HR 3375 RDS ‘‘(i) Complaints alleging that a con- 1 sumer received a call in violation of sub- 2 section (b) or (c). 3 ‘‘(ii) Complaints alleging that a con- 4 sumer received a call in violation of the 5 standards prescribed under subsection (d). 6 ‘‘(iii) Complaints alleging that a con- 7 sumer received a call in connection with 8 which misleading or inaccurate caller iden- 9 tification information was transmitted in 10 violation of subsection (e). 11 ‘‘(B) The number of citations issued by the 12 Commission pursuant to section 503(b) during 13 the preceding calendar year to enforce sub- 14 section (d), and details of each such citation. 15 ‘‘(C) The number of notices of apparent li- 16 ability issued by the Commission pursuant to 17 section 503(b) during the preceding calendar 18 year to enforce subsections (b), (c), (d), and 19 (e), and details of each such notice including 20 any proposed forfeiture amount. 21 ‘‘(D) The number of final orders imposing 22 forfeiture penalties issued pursuant to section 23 503(b) during the preceding calendar year to 24 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS H3375 pamtmann on DSKBFK8HB2PROD with BILLS 12 HR 3375 RDS enforce such subsections, and details of each 1 such order including the forfeiture imposed. 2 ‘‘(E) The amount of forfeiture penalties or 3 criminal fines collected, during the preceding 4 calendar year, by the Commission or the Attor- 5 ney General for violations of such subsections, 6 and details of each case in which such a for- 7 feiture penalty or criminal fine was collected. 8 ‘‘(F) Proposals for reducing the number of 9 calls made in violation of such subsections. 10 ‘‘(G) An analysis of the contribution by 11 providers of interconnected VoIP service and 12 non-interconnected VoIP service that discount 13 high-volume, unlawful, short-duration calls to 14 the total number of calls made in violation of 15 such subsections, and recommendations on how 16 to address such contribution in order to de- 17 crease the total number of calls made in viola- 18 tion of such subsections. 19 ‘‘(3) NO ADDITIONAL REPORTING REQUIRED.— 20 The Commission shall prepare the report required by 21 paragraph (1) without requiring the provision of ad- 22 ditional information from providers of telecommuni- 23 cations service or voice service (as defined in section 24 7(d) of the Stopping Bad Robocalls Act).’’. 25 VerDate Sep 11 2014 00:10 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.RDS [Text truncated for display. 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