DEFEAT Robocalls Act of 2019

To increase the penalties for certain robocall, spoofing, and telemarketing violations. 1. Short title This Act may be cited as the Double the Enforcement and Fines of Everyone Associated with Terrible Robocalls Act of 2019 DEFEAT Robocalls Act of 2019 2. Increased penalties for certain robocall, spoofing, and telemarketing violations (a) Section 227 of the Communications Act of 1934 (1) Forfeitures generally Section 503(b)(2)(D) of the Communications Act of 1934 ( 47 U.S.C. 503(b)(2)(D) (A) by inserting (or, in the case of a violation of section 227, except for subsection (e) of such section, shall not exceed $39,278) $10,000 (B) by inserting (or, in the case of a violation of section 227, except for subsection (e) of such section, shall not exceed a total of $294,580) $75,000 (2) Criminal penalties generally (A) General penalty Section 501 of the Communications Act of 1934 ( 47 U.S.C. 501 (i) by inserting (or, in the case of a violation of section 227, except for subsection (e) of such section, not more than $20,000) $10,000 (ii) by inserting (or, if the subsequent violation is a violation of section 227, except for subsection (e) of such section, not more than $20,000 (or, if any such previous conviction was for violation of section 227, except for subsection (e) of such section, not more than $40,000)) $10,000 (B) Violation of rules, regulations, and so forth Section 502 of the Communications Act of 1934 ( 47 U.S.C. 502 (or, in the case of a rule, regulation, restriction, or condition made or imposed by the Commission under section 227, not more than $1,000) $500 (3) Spoofing of caller identification information Section 227(e)(5) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(5) (A) in subparagraph (A)(i)— (i) by striking $10,000 $22,556 (ii) by striking $1,000,000 $2,255,598 (B) in subparagraph (B), by striking $10,000 $20,000 (4) Actions by State attorneys general Section 227(g)(1) of the Communications Act of 1934 ( 47 U.S.C. 227(g)(1) actual monetary loss or receive $500 in damages twice the amount of actual monetary loss or receive $1,000 in damages (5) Private rights of action Section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 (A) in subsection (b)(3), by striking actual monetary loss from such a violation, or to receive $500 in damages for each such violation twice the amount of actual monetary loss from such a violation, or to receive $1,000 in damages for each such violation (B) in subsection (c)(5), by striking actual monetary loss from such a violation, or to receive up to $500 in damages for each such violation twice the amount of actual monetary loss from such a violation, or to receive up to $1,000 in damages for each such violation (b) Telemarketing and Consumer Fraud and Abuse Prevention Act (1) Civil penalties Section 6 of the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6105 (A) in subsection (b), by adding at the end the following: Notwithstanding the preceding provisions of this subsection, the amount of the civil penalty under section 5(l) of the Federal Trade Commission Act ( 15 U.S.C. 45(l) 15 U.S.C. 45(m)(1)(A) (B) in subsection (d), by adding at the end the following: Notwithstanding the preceding sentence, the amount of the civil penalty under subparagraph (A) of section 1055(c)(2) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5565(c)(2) (2) Actions by States Section 4(a) of the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6103(a) damages twice the damages sustained by residents of such State (3) Actions by private persons Section 5(a) of the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6104(a) (A) in the first sentence, by striking $50,000 $25,000 (B) in the second sentence, by striking damages twice the damages sustained (c) Effective date The amendments made by this section shall apply with respect to violations occurring after the date that is 60 days after the date of the enactment of this Act.

Summary: Double the Enforcement and Fines of Everyone Associated with Terrible Robocalls Act of 2019 or the DEFEAT Robocalls Act of 2019 This bill increases fines for robocall, spoofing, and telemarketing violations. Additionally, the bill reduces the amount that must be in controversy to give rise to a private right of action and allows a person bringing such an action to obtain twice the amount of damages sustained.