II 

114TH CONGRESS 

1ST SESSION S. 1681 

To criminalize the knowing use of commercial robocalls without the prior 

express written consent of the recipient, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2015 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To criminalize the knowing use of commercial robocalls without the prior express written consent of the recipient, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Quell Unnecessary, 

5 Intentional, and Encroaching Telephone Calls Act of 

6 2015’’ or the ‘‘QUIET Act’’. 

7 SEC. 2. COMMERCIAL ROBOCALLS. 

8 (a) IN GENERAL.—Chapter 113A of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘§ 2328. Commercial robocalls 

2 ‘‘(a) DEFINITIONS.—In this section— 

3 ‘‘(1) the term ‘automatic telephone dialing sys4 tem’ has the meaning given the term in section 

5 227(a) of the Communications Act of 1934 (47 

6 U.S.C. 227(a)); 

7 ‘‘(2) the term ‘commercial robocall’ means a 

8 telephone call made for the purpose of soliciting or 

9 encouraging the purchase or rental of, or investment 

10 or enrollment in, property, goods, or services, using 

11 an automatic telephone dialing system or an artifi12 cial or prerecorded voice; 

13 ‘‘(3) the term ‘prior express written consent’ 

14 means, with respect to the recipient of a commercial 

15 robocall, an agreement in writing that— 

16 ‘‘(A) includes the signature of the recipi17 ent; 

18 ‘‘(B) clearly authorizes the seller to initiate 

19 or cause to be initiated to the recipient a com20 mercial robocall; 

21 ‘‘(C) includes the telephone number to 

22 which the recipient authorizes the commercial 

23 robocall to be initiated; and 

24 ‘‘(D) includes a clear and conspicuous dis25 closure informing the recipient that— 


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•S 1681 IS

1 ‘‘(i) by executing the agreement, the 

2 recipient authorizes the seller to initiate or 

3 cause to be initiated to the recipient a 

4 commercial robocall; and 

5 ‘‘(ii) the recipient is not required to 

6 sign the agreement, directly or indirectly, 

7 or agree to enter into the agreement as a 

8 condition of purchasing, renting, investing 

9 in, or enrolling in any property, goods, or 

10 services; 

11 ‘‘(4) the term ‘seller’ means the person on 

12 whose behalf a commercial robocall is initiated; and 

13 ‘‘(5) the term ‘signature’ includes an electronic 

14 or digital form of signature, to the extent that the 

15 form of signature is recognized as a valid signature 

16 under applicable Federal law or State contract law. 

17 ‘‘(b) PROHIBITION.— 

18 ‘‘(1) IN GENERAL.—It shall be unlawful for a 

19 person within the United States, or a person outside 

20 the United States if the recipient is within the 

21 United States, to knowingly initiate a commercial 

22 robocall without the prior express written consent of 

23 the recipient. 

24 ‘‘(2) EXEMPTIONS.—Paragraph (1) shall not 

25 apply to a telephone call— 


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•S 1681 IS

1 ‘‘(A) that is made for emergency purposes; 

2 ‘‘(B) that is made by or on behalf of a tax3 exempt nonprofit organization; 

4 ‘‘(C)(i) that is made by a provider of com5 mercial mobile radio service, as that term is de6 fined in section 20.3 of title 47, Code of Fed7 eral Regulations, or any successor thereto, to 

8 subscribers of the service; and 

9 ‘‘(ii) for which the subscribers described in 

10 clause (i) are not charged; or 

11 ‘‘(D) that delivers a message relating to 

12 health care made by, or on behalf of, a covered 

13 entity or a business associate of a covered enti14 ty, as those terms are defined in section 

15 160.103 of title 45, Code of Federal Regula16 tions, or any successor thereto. 

17 ‘‘(c) CRIMINAL PENALTIES.—Any person who vio18 lates this section shall be fined not more than $20,000 

19 per violation, imprisoned for not more than 10 years, or 

20 both.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 Part I of title 18, United States Code, is amended— 

23 (1) in the chapter analysis, by striking the item 

24 relating to chapter 113A and inserting the following: 

‘‘113A. Telemarketing ............................................................................ 2325’’; 

25 and 


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1 (2) in chapter 113A— 

2 (A) in the chapter heading, by striking 

3 ‘‘FRAUD’’; and 

4 (B) in the table of sections, by adding at 

5 the end the following: 

‘‘2328. Commercial robocalls.’’. 

Æ 


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