II 

112TH CONGRESS 

2D SESSION S. 3556 

To provide penalties for email marketing fraud. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 19, 2012 

Mr. WHITEHOUSE (for himself and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide penalties for email marketing fraud. 

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 ‘‘Telemarketing Fraud 

5 Modernization Act of 2012’’. 

6 SEC. 2. INVESTMENT SCAMS. 

7 Section 2325(1) of title 18, United States Code, is 

8 amended— 

9 (1) in subparagraph (B), by striking ‘‘or,’’ at 

10 the end; 


TKELLEY on DSK3SPTVN1PROD with BILLS
2 

•S 3556 IS

1 (2) in subparagraph (C), by striking ‘‘value,’’ 

2 and inserting ‘‘value;’’; and 

3 (3) by inserting before ‘‘by use of 1’’ the fol4 lowing: 

5 ‘‘(D) investment for financial profit; 

6 ‘‘(E) participation in a business oppor7 tunity; or 

8 ‘‘(F) commitment to a loan,’’. 

9 SEC. 3. ENHANCED PENALTIES FOR HEALTH CARE FRAUD. 

10 Section 2326 of title 18, United States Code, is 

11 amended in the matter preceding paragraph (1), by strik12 ing ‘‘or 1344’’ and inserting ‘‘1344, or 1347 or section 

13 1128B of the Social Security Act (42 U.S.C. 1320a–7b)’’. 

14 SEC. 4. EMAIL MARKETING SCAMS. 

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

16 States Code, is amended— 

17 (1) in the chapter heading by inserting ‘‘AND 

18 EMAIL MARKETING’’ after ‘‘TELE19 MARKETING’’; 

20 (2) in section 2325— 

21 (A) in the matter preceding paragraph (1) 

22 by inserting ‘‘or email marketing’’ after ‘‘tele23 marketing’’; 

24 (B) in paragraph (1), as amended by sec25 tion 2, in the flush text following subparagraph 


TKELLEY on DSK3SPTVN1PROD with BILLS
3 

•S 3556 IS

1 (F), by inserting ‘‘, emails, text messages, or 

2 electronic instant messages’’ after ‘‘interstate 

3 telephone calls’’; and 

4 (C) in paragraph (2)— 

5 (i) in the matter preceding subpara6 graph (A), by inserting ‘‘posting, publica7 tion, or’’ before ‘‘mailing’’; and 

8 (ii) in the flush text following sub9 paragraph (D)— 

10 (I) by inserting ‘‘, email, text 

11 message, or electronic instant mes12 sage’’ after ‘‘by telephone’’; 

13 (II) by striking ‘‘receives calls’’ 

14 and inserting ‘‘receives interstate tele15 phone calls, emails, text messages, or 

16 electronic instant messages’’; and 

17 (III) by striking ‘‘during those 

18 calls takes orders without’’ and insert19 ing ‘‘in response to those interstate 

20 telephone calls, emails, text messages, 

21 or electronic instant messages does 

22 not conduct’’; and 

23 (3) in section 2326, in the matter preceding 

24 paragraph (1), as amended by section 3, by inserting 

25 ‘‘or email marketing’’ after ‘‘telemarketing’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
4 

•S 3556 IS

1 (b) CONFORMING AMENDMENT.—The table of chap2 ters at the beginning of part I of title 18, United States 

3 Code, is amended by striking the item relating to chapter 

4 113A and inserting the following: 

‘‘113A. Telemarketing and email marketing fraud .................................. 2325’’. 

Æ 


TKELLEY on DSK3SPTVN1PROD with BILLS