COVID–19 SCAM Act

I 116TH CONGRESS 2D SESSION H. R. 7299 To prohibit the use of telephone calls or text messages for unfair or deceptive acts or practices relating to COVID–19, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 22, 2020 Ms. SHERRILL (for herself, Mr. KING of New York, Mr. FITZPATRICK, Ms. STEFANIK, Mr. GOTTHEIMER, Ms. BLUNT ROCHESTER, and Mr. SEAN PATRICK MALONEY of New York) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the use of telephone calls or text messages for unfair or deceptive acts or practices relating to COVID– 19, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘COVID–19 Stop Call- 4 ing Americans Maliciously Act’’ or the ‘‘COVID–19 5 SCAM Act’’. 6 VerDate Sep 11 2014 00:32 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7299.IH H7299 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7299 IH SEC. 2. PROHIBITION ON THE USE OF TELEPHONE CALLS 1 OR TEXT MESSAGES FOR UNFAIR OR DECEP- 2 TIVE ACTS OR PRACTICES RELATING TO 3 COVID–19. 4 (a) IN GENERAL.—It shall be unlawful for any per- 5 son to make or place a telephone call or send a text mes- 6 sage to offer a good or service or make a solicitation if 7 during such call or text message the person conveys mate- 8 rially misleading or inaccurate information relating to 9 COVID–19 as part of such offer or solicitation. 10 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS- 11 SION.— 12 (1) IN GENERAL.—A violation of subsection (a) 13 shall be treated as a violation of a regulation under 14 section 18(a)(1)(B) of the Federal Trade Commis- 15 sion Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair 16 or deceptive acts or practices. 17 (2) POWERS OF COMMISSION.—The Commis- 18 sion shall enforce subsection (a) in the same man- 19 ner, by the same means, and with the same jurisdic- 20 tion, powers, and duties as though all applicable 21 terms and provisions of the Federal Trade Commis- 22 sion Act (15 U.S.C. 41 et seq.) were incorporated 23 into and made a part of this Act. Any person who 24 violates such subsection shall be subject to the pen- 25 VerDate Sep 11 2014 00:32 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7299.IH H7299 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7299 IH alties and entitled to the privileges and immunities 1 provided in the Federal Trade Commission Act. 2 (c) TEXT MESSAGE DEFINED.—The term ‘‘text mes- 3 sage’’ has the meaning given the term in section 4 227(e)(8)(C) of the Communications Act of 1934 (47 5 U.S.C. 227(e)(8)(C)). 6 Æ VerDate Sep 11 2014 00:32 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H7299.IH H7299 kjohnson on DSK79L0C42PROD with BILLS