I 116TH CONGRESS 1ST SESSION H. R. 3810 To modify the penalties for violations of the Telephone Consumer Protection Act of 1993. IN THE HOUSE OF REPRESENTATIVES JULY 17, 2019 Mrs. LEE of Nevada introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To modify the penalties for violations of the Telephone Consumer Protection Act of 1993. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Deter Obnoxious, Ne- 4 farious, and Outrageous Telephone Calls Act of 2019’’ or 5 the ‘‘DO NOT Call Act’’. 6 SEC. 2. PENALTIES FOR VIOLATIONS OF THE TELEPHONE 7 CONSUMER PROTECTION ACT OF 1993. 8 (a) CRIMINAL PENALTIES.— 9 VerDate Sep 11 2014 04:19 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3810.IH H3810 kjohnson on DSK79L0C42 with BILLS 2 •HR 3810 IH (1) IN GENERAL.—Section 227 of the Commu- 1 nications Act of 1934 (47 U.S.C. 227) is amended 2 by adding at the end the following: 3 ‘‘(i) CRIMINAL PENALTIES.— 4 ‘‘(1) IN GENERAL.—Except as provided in para- 5 graph (2), any person who willfully and knowingly 6 violates this section shall be imprisoned for not more 7 than 1 year, fined under title 18, United States 8 Code, or both. 9 ‘‘(2) AGGRAVATED OFFENSE.—Any person who 10 willfully and knowingly violates this section shall be 11 imprisoned for not more than 3 years, fined under 12 title 18, United States Code, or both if— 13 ‘‘(A) the person has previously been con- 14 victed under this subsection; 15 ‘‘(B) the offense involved initiating more 16 than— 17 ‘‘(i) 100,000 calls in a 24-hour period; 18 ‘‘(ii) 1,000,000 calls in a 30-day pe- 19 riod; or 20 ‘‘(iii) 10,000,000 calls in a 1-year pe- 21 riod; 22 ‘‘(C) the person committed the offense 23 with the intent to use the calls in furtherance 24 of a felony or conspiracy to commit a felony; or 25 VerDate Sep 11 2014 04:19 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3810.IH H3810 kjohnson on DSK79L0C42 with BILLS 3 •HR 3810 IH ‘‘(D) the offense caused loss to 1 or more 1 persons aggregating $5,000 or more in value 2 during any 1-year period. 3 ‘‘(3) DEFINITIONS.—For purposes of this sub- 4 section— 5 ‘‘(A) the term ‘call’ includes a message or 6 other communication; and 7 ‘‘(B) the term ‘initiate’, with respect to a 8 call, includes the act of sending, making, or 9 transmitting a call, message, or other commu- 10 nication, as applicable.’’. 11 (2) TECHNICAL AND CONFORMING AMEND- 12 MENT.—Section 227(e)(5)(B) of the Communica- 13 tions Act of 1934 (47 U.S.C. 227(e)(5)(B)) is 14 amended, in the second sentence, by striking ‘‘sec- 15 tion 501’’ and inserting ‘‘subsection (i)’’. 16 (b) INCREASED PENALTIES FOR PROVISION OF INAC- 17 CURATE CALLER IDENTIFICATION INFORMATION.—Sec- 18 tion 227(e)(5) of the Communications Act of 1934 (47 19 U.S.C. 227(e)(5)) is amended— 20 (1) in subparagraph (A)(i), by striking 21 ‘‘$10,000’’ and inserting ‘‘$20,000’’; and 22 (2) in subparagraph (B), in the first sentence, 23 by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 24 Æ VerDate Sep 11 2014 04:19 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3810.IH H3810 kjohnson on DSK79L0C42 with BILLS