QUIET Act

To criminalize the knowing use of commercial robocalls without the prior express written consent of the recipient, and for other purposes. 1. Short title This Act may be cited as the Quell Unnecessary, Intentional, and Encroaching Telephone Calls Act of 2014 QUIET Act 2. Commercial robocalls (a) In general Chapter 113A 2328. Commercial robocalls (a) Definitions In this section— (1) the term automatic telephone dialing system 47 U.S.C. 227(a) (2) the term commercial robocall (3) the term prior express written consent (A) includes the signature of the recipient; (B) clearly authorizes the seller to initiate or cause to be initiated to the recipient a commercial robocall; (C) includes the telephone number to which the recipient authorizes the commercial robocall to be initiated; and (D) includes a clear and conspicuous disclosure informing the recipient that— (i) by executing the agreement, the recipient authorizes the seller to initiate or cause to be initiated to the recipient a commercial robocall; and (ii) the recipient is not required to sign the agreement, directly or indirectly, or agree to enter into the agreement as a condition of purchasing, renting, investing in, or enrolling in any property, goods, or services; (4) the term seller (5) the term signature (b) Prohibition (1) In general It shall be unlawful for a person within the United States, or a person outside the United States if the recipient is within the United States, to knowingly initiate a commercial robocall without the prior express written consent of the recipient. (2) Exemptions Paragraph (1) shall not apply to a telephone call— (A) that is made for emergency purposes; (B) that is made by or on behalf of a tax-exempt nonprofit organization; (C) (i) that is made by a provider of commercial mobile radio service, as that term is defined in section 20.3 (ii) for which the subscribers described in clause (i) are not charged; or (D) that delivers a message relating to health care made by, or on behalf of, a covered entity or a business associate of a covered entity, as those terms are defined in section 160.103 of title 45, Code of Federal Regulations, or any successor thereto. (c) Criminal penalties Any person who violates this section shall be fined not more than $20,000 per violation, imprisoned for not more than 10 years, or both. . (b) Technical and conforming amendments Part I of title 18, United States Code, is amended— (1) in the chapter analysis, by striking the item relating to chapter 113A and inserting the following: 113A. Telemarketing 2325 ; and (2) in chapter 113A— (A) in the chapter heading, by striking fraud (B) in the table of sections, by adding at the end the following: 2328. Commercial robocalls. .

Summary: Quell Unnecessary, Intentional, and Encroaching Telephone Calls Act of 2014 or the QUIET Act - Amends the federal criminal code to prohibit a a person within the United States, or a person outside the United States if the recipient is within the United States, from knowingly initiating a commercial robocall without the prior express written consent of the recipient. Defines "commercial robocall" to mean a telephone call made for the purpose of soliciting or encouraging the purchase or rental of, or investment or enrollment in, property, goods, or services, using an automatic telephone dialing system or an artificial or prerecorded voice. Exempts telephone calls that: (1) are made for emergency purposes; (2) are by or on behalf of a tax-exempt nonprofit organization; (3) are made by a provider of commercial mobile radio service to subscribers of the service, for which the subscribers are not charged; or (4) deliver a message relating to health care made by, or on behalf of, a covered entity or a business associate of a covered entity. Subjects any person who violates this Act to a fine of not more than $20,000 per violation, imprisonment for not more than 10 years, or both.