I 

110TH CONGRESS 

1ST SESSION H. R. 1383 

To amend title 18, United States Code, to provide penalties for the misuse 

of robocalls. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2007 

Ms. ZOE LOFGREN of California introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide penalties 

for the misuse of robocalls. 

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 ‘‘The Quelling of Un5 wanted Intrusive and Excessive Telephone Calls Act of 

6 2007’’. 


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1 SEC. 2. PREVENTING MISUSE OF TELEPHONIC COMMU2 NICATIONS. 

3 (a) IN GENERAL.—Part I of title 18, United States 

4 Code, is amended by inserting after chapter 103 the fol5 lowing: 

6 ‘‘CHAPTER 104—MISUSE OF TELEPHONIC 

7 COMMUNICATIONS 

‘‘Sec. 

‘‘2141. Misuse of automated telephone equipment. 

‘‘2142. Definitions for chapter. 

8 ‘‘§ 2141. Misuse of automated telephone equipment 

9 ‘‘(a) OFFENSE.— 

10 ‘‘(1) IN GENERAL.—Whoever knowingly initi11 ates a telephone call (other than a call made for 

12 emergency purposes or made with the prior express 

13 consent of the called party) using an automatic tele14 phone dialing system or an artificial or prerecorded 

15 voice— 

16 ‘‘(A) so that it is received during the pe17 riod beginning at 9 pm and ending 9 am in the 

18 place which the call is directed; or 

19 ‘‘(B) without disclosing at the beginning of 

20 the call the identity of the sponsor, endorser, or 

21 originator of the call, 

22 shall be fined under this title or imprisoned not 

23 more than 1 year, or both. 


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1 ‘‘(2) ELECTIONS FOR FEDERAL OFFICE.—Who2 ever knowingly uses an automatic telephone dialing 

3 system or an artificial or prerecorded voice to de4 ceive any person regarding— 

5 ‘‘(A) the time, place, or manner of an elec6 tion for Federal office; 

7 ‘‘(B) the qualifications for or restriction on 

8 voter eligibility for an election for Federal of9 fice; 

10 ‘‘(C) the political party affiliation of any 

11 candidate running in an election for Federal of12 fice; or 

13 ‘‘(D) the sponsor, endorser, or originator 

14 of a telephone call initiated using an automatic 

15 telephone dialing system or using an artificial 

16 or prerecorded voice, 

17 shall be fined under this title or imprisoned not 

18 more than 1 year, or both. 

19 ‘‘(b) MINIMUM PENALTY FOR MULTIPLE CALL VIO20 LATIONS.—If the offense under this section involves 100 

21 or more telephone calls, the sentence imposed under sub22 section (a) for that offense shall include imprisonment for 

23 not less than 30 days. 

24 ‘‘(c) CIVIL ACTION.—The chief law enforcement offi25 cer of a State or a general purpose political subdivision 


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1 of a State may in a civil action, obtain injunctive and de2 claratory relief with respect to a violation of this section 

3 that affects the residents of that State or political subdivi4 sion. 

5 ‘‘§ 2142. Definitions for chapter 

6 ‘‘As used in this chapter— 

7 ‘‘(1) the term ‘automatic telephone dialing sys8 tem’ has the meaning given that term in section 227 

9 of the Communications Act of 1934; and 

10 ‘‘(2) the terms ‘election’ and ‘Federal office’ 

11 have, respectively, the meanings given those terms in 

12 section 431 of the Federal Election Campaign Act of 

13 1971.’’. 

14 (b) CLERICAL AMENDMENT.—The table of chapters 

15 at the beginning of part I of title 18, United States Code, 

16 is amended by inserting after the item relating to chapter 

17 103 the following new item: 

‘‘104. Misuse of Telephonic Communications ......................... 2141.’’. 

Æ 


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